1. Definitions

1.1. “Agreement” means the most current version of this terms and conditions of use agreement between you and us.
1.2. “Licensed Materials” means our intellectual property, including but not limited to, our logos, trade names, service marks, trademarks, trade dress.”
1.3. “Our Affiliates” means [list them]
1.4. “Posted Content” means all images, descriptions, reviews, opinions and other information you post on PozoWorld, including your account name.
1.5. “PozoWorld” means our PozoWorld web site at http://pozoworld.com, which provides you with access to our Services.
1.6. “Services” means each and every service we offer, including but not limited to access to and use of the content on PozoWorld.
1.7. “System” means all of our software and hardware.
1.8. “Title Holder” means the organization or person listed as the domain ownership title holder of a domain recorded with us.
1.9. “We,” “us,” and “our” means Blue Sky Internet Ventures, Inc., a Texas corporation d.b.a. PozoWorld.
1.10. “You,” “your,” and “yourself” means any organization, entity, partnership or person, as well as their agents, assigns and successors, that accesses PozoWorld or otherwise seek to use our Services.

2. Beta Test Period Terms and Conditions

2.1. Use of PozoWorld during the beta stage, evidenced by the word “Beta” on the PozoWorld homepage, is by approval only. If you have not received approval to access PozoWorld during this period, do not use our Services until the beta testing period is over.
2.2. Beta applicants are required to have at least 3 design ideas posted on the site in order to qualify for approval to participate.
2.3. Approved contributors will have an opportunity to test the revenue generating portion of our Services.
2.4. We do not guarantee continued participation in the program.
2.5. We do not have a specific end date for the beta testing period.
2.6. Only approved applicants will be notified by email; rejection will not be communicated.
2.7. We might require additional information during the beta testing period from approved applicants for participation in the revenue share program.
2.8. The revenue sharing portion of our Services is for US residents only.

3. General

3.1. Use of our Services
3.1.1. You may not use our Services if you are under eighteen (18) years of age or otherwise not legally competent to enter into an enforceable contract.
3.2. Revisions to this Agreement
3.2.1. We may revise, add, remove and otherwise change any portion of this Agreement at any time and in our sole discretion by posting such revisions on PozoWorld without notice to you.
3.3. Consent to this Agreement
3.3.1. By accessing PozoWorld and using our Services, you agree with and evidence your consent to the most current version of this Agreement, and your continued use of PozoWorld after any revisions are posted evidences your continuing consent to all terms and conditions set forth in the most current version of this Agreement.
3.4. Modifications to PozoWorld
3.4.1. We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of PozoWorld or your access thereto, including but not limited to content, features or hours of availability without notice or penalty to you.
3.5. User Conduct
3.5.1. You are solely responsible for the content you post on PozoWorld. You warrant and agree that at no time shall you upload, post, transmit, distribute or otherwise publish through PozoWorld any materials that, in our sole discretion:
3.5.1.1. constitutes or encourage illegal (civil or criminal), threatening, harassing, obscene or profane conduct or language;
3.5.1.2. infringes the rights (for example, intellectual or contractual) of third parties;
3.5.1.3. restricts use and enjoyment of PozoWorld by other users;
3.5.1.4. increases the risk to PozoWorld or its users of viruses, spamming, unauthorized advertising, or other potentially harmful affects; or
3.5.1.5. are otherwise harmful to the community.
3.6. No Third-Party Beneficiaries
3.6.1. There shall be no third-party beneficiaries to this Agreement. All assignments are void unless consented to by us in writing.

4. Intellectual Property

4.1. Ownership
4.1.1. We acquire and retain all rights, title and interest in and to the content on PozoWorld, with the exception of intellectual property owned by third parties. PozoWorld? and Where Ideas Meet? are two of the famous trade and service marks belonging to us. You may only use our trade and services marks after receiving our permission. Your use of content on PozoWorld, including but not limited to copyrights, trademarks and service marks, without our advance written permission or that of the owner is prohibited.
4.2. Infringement
4.2.1. Your infringement of intellectual property rights belonging to us or third parties may result in full or partial denial of your further use of our Services, in our sole discretion.
4.2.2. We provide a link on PozoWorld to inform us about possible infringement of intellectual property rights by Posted Content.
4.2.3. Our agent for service of notice regarding infringement of intellectual property rights is Blue Sky Internet Ventures Inc., 9215 Jasmine Lane, Irving, TX 75063 legal@pozoworld.com. If you believe that your intellectual property rights are being infringed through the use of our Services or otherwise on PozoWorld please notify us at legal@pozoworld.com and include the following in your notice to us:
4.2.3.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
4.2.3.2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
4.2.3.3. a description or URL of the page on Pozoworld where the material is found that you believe infringes your rights;
4.2.3.4. your current contact information, including telephone number and email address;
4.2.3.5. a clear, written statement of your good faith belief that the material’s inclusion on PozoWorld is not authorized by the intellectual property owner, its agent, or applicable law;
4.2.3.6. a clear, written statement, acknowledging that it is made under penalty of perjury, that all the above-listed information you are providing is accurate and that you are either the intellectual property owner or authorized to act on behalf of the intellectual property owner.

5. Accounts

5.1.1. By creating an account with us through PozoWorld, you obligate yourself to provide us with and keep current and accurate your contact information, including your email address. The use of misleading, fictitious or third-party contact information is prohibited. You alone are responsible for ensuring that your account access information remains confidential. You alone are responsible for notifying us of any unauthorized use of your account or other security risk. You may only have one account with us at any time. If we determine that you have more than one account, we may in our sole discretion withhold payments relating to and/or delete one, more or all of your accounts without notice to you.

6. Privacy Policy

6.1. We respect your privacy. We use cookies, clear gifts and log file information so that you do not have to repeatedly provide the same information, customize content and information on PozoWorld to improve your experience, track the effectiveness of our campaigns, maintain a record of aggregate metrics and track your status and entries.
6.2. We collect information about your use of our Services and how you access PozoWorld in order to improve your experience and our Services. We do not sell or use your email address or other personally identifiable information to send unsolicited messages or advertising, unless we provide you with information regarding how to avoid receiving future, similar messages.
6.3. If you provide us with your email address, then you are consenting to the use of that email address by us, our selected Affiliates and other visitors to PozoWorld.

7. Posted Content

7.1. We may allow you to post or otherwise submit Posted Content on PozoWorld, under the condition that Posted Content you supply is not obscene, defamatory, invasive of privacy, infringe intellectual property rights, or otherwise injurious to third parties or otherwise objectionable, in our sole discretion, and does not consist of or contain viruses, spam or any other obtrusive or potentially harmful elements.
7.2. We may reject and/or remove any Posted Content at any time without notice to you, in our sole discretion. Unless we indicate otherwise in writing to you, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, and fully sub-licensable rights to change, display, distribute, publish, reproduce, translate, and otherwise use all Posted Content and derivative works anywhere around the world in any manner and without any compensation to you.
7.3. We do not accept any responsibility for any Posted Content you supply.
7.4. For all Posted Content, you represent and warrant that you alone own or control all rights in and to all Posted Content you supply and you will indemnify us for all legal costs relating to claims resulting from Posted Content you supply.
7.5. We may allow you to link Posted Content to third-party web sites, but we do not accept any responsibility for the content or services of third-party web sites. Should you receive a notice from us to the email address we have on file for you, you will have seventy-two (72) hours to take the requested action. Failure to do so may result in termination of your rights to use our services through your current and any future accounts you register with us.
7.6. You hereby agree that we may, but are not required to, edit or otherwise monitor Posted Content. Nevertheless, we accept no responsibility or liability for the Posted Content you supply.
7.7. Requirements
7.7.1. Posted Content may only be submitted by legal U.S. Residents and must be eighteen (18) years of age or older.
7.7.2. You must own or be authorized by the owner to use all of the products you post on PozoWorld.
7.7.3. All Posted Content must reflect your personal opinions about the products you post.
7.7.4. You may not receive compensation, either directly or indirectly, from a person or company that in any way promotes the sale or lease of products you post, except through us.
7.7.5. You may not post products more than once while the earlier post remains on PozoWorld.
7.8. Specifications
7.8.1. All Posted Content must be in the English language and of sufficient quality to avoid confusion or misrepresentation.
7.8.2. Products information must be accurate and current when posted.
7.8.3. Posted Content may only be posted through Pozoworld.
7.9. Products and Services
7.9.1. The products featured in Posted Content must be and remain available for purchase either from you or at least one source.
7.9.2. Posted Content may not feature products we deem, in our sole discretion, to be unsuitable for visitors to PozoWorld.
7.9.3. We do not accept any responsibility or obligation to include Posted Content on PozoWorld, regardless of whether it has been uploaded or not. Furthermore, we remove Posted Content from PozoWorld at any time and for any reason.
7.9.4. Your submission of Posted Content further evidences your consent to the most current version of this Agreement.
7.10. Payment Details
7.10.1. We only make payments to you through PayPal. You must have a PayPal account in order to receive any payments from Our Affiliates.
7.10.2. You may have the opportunity to share in the advertising revenue generated each time a product you posted is sold through links on the Posted Content you submitted.
7.10.3. You must provide us with all applicable 1099 IRS tax form information before we may make any payments that would result in a legal obligation to complete the corresponding tax form.
7.10.4. Payments are processed each month for amounts earned two months earlier.
7.10.5. Any credit due to you at any time will become our property if you fail to qualify and fulfill all conditions for payment within two (2 years after the credits are earned.
7.10.6. No payments will be made until the amount payable exceeds US$100.00.
7.10.7. You alone are responsible for paying any and all applicable federal, state and local taxes for any payments received from us.
7.10.8. You alone bear full responsibility for all errors in the submission process of Posted Content, regardless of whether they were caused by you, us, Our Affiliates or a third party.
7.11. We and Our Affiliates reserve the right to disqualify you and/or your Posted Content, terminate your use of our Services and withhold all payments if we determine, in our sole discretion, that you have violated this Agreement.
7.12. Charities
7.12.1. We may provide you with the option of donating all or a part of your payments to a charity you select from a list of qualified charities. Please keep in mind that we do not endorse any specific charities and only make the list available for your convenience.

8. Accuracy

8.1. We try to ensure that the Posted Content and all other information on PozoWorld is accurate and current, but we do not warrant it is accurate, complete, current or otherwise reliable. All Posted Content and third-party content is provided on an “as is” basis only. Please use caution when dealing with third-parties; we do not control and are not responsible for their actions, particularly regarding important matters such as protection of your privacy.

9. Contest Rules

10. DISCLAIMER OF WARRANTIES

10.1. OUR SERVICES ARE MADE AVAILABLE ON OR ACCESSED THROUGH POZOWORLD, IS PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DOES NOT WARRANT THAT
10.1.1. OUR SERVICES WILL BE WITHOUT ERRORS, SECURE, TIMELY OR UNINTERRUPTE OR
10.1.2. ANY CORRECTIONS WILL BE MADE, WHETHER ERRORS ARE IDENTIFIED, RECOGNIZED OR NOT.
10.2. SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU IF YOUR JURISDICTIONDOES NOT ALLOW THE EXCLUSION OF THOSE SPECIFIC WARRANTIES.

11. LIMITATION OF LIABILITY

11.1. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO USE OR INABILITY TO USE OUR SERVICES OR POZOWORLD, INCLUDING ALL FUNCTIONALITY AND CONTENT THEREON. EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW SOME OF THESE EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOUR OR ANYONE ELSE FOR ALL CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE), DAMAGES AND LOSSES ARISING FROM THIS AGREEMENT OR YOUR USE OF OUR SERVICES OR POZOWORLD EXCEED AN AGGREGATE AMOUNT OF ONE HUNDRED DOLLARS ($50.00).

12. Indemnification

12.1. You agree to defend, indemnify and hold us and its owners, directors, officers, employees, agents, affiliates, licensees, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) incurred or suffered in connection with any claim arising out of or related to your:
12.1.1. use or misuse of our Services,
12.1.2. failure to comply with this Agreement, or
12.1.3. conflict with or claims against another PozoWorld visitor.
12.2. We reserves the right to select and direct our own defense counsel and control any matter otherwise subject to indemnification by you, and at no time may you settle or otherwise dispose of any matter relating to us without our prior written consent.

13. Termination

13.1. You agree that we, in our sole discretion, may terminate your use of our Services at any time and for any reason or no reason and without prior notice.

14. Choice of Law; Forum

14.1. This agreement shall be governed by and in accordance with the laws of the State of Texas, without regard to any conflicts of law provisions. Any controversy involving us arising from or in any way related to this Agreement or your use of our Services shall be heard in a court with jurisdiction in Dallas County, Texas and you irrevocably consent to the exercise of personal jurisdiction of these courts over you and the controversy.

15. Notices

15.1. Unless otherwise agreed in writing, notices shall be sent by email to legal@poszoworld.com and to your email address on file with us. Notice shall be deemed received forty-eight (48) hours after the notice is sent. If either email address is demonstrated to be expired or otherwise inaccurate, a second notice must be sent by certified mail return receipt requested or courier to the address we have on file for you and to: Blue Sky Internet Ventures Inc., 9215 Jasmine Lane, Irving, TX 75063

16. Representations

16.1. We make no representations that PozoWorld or the Posted Content is legal or appropriate in your state or country. By accessing PozoWorld you accept all responsibility for compliance with all laws applicable to you.

17. Severability

17.1. Any provision of this Agreement that is deemed to b void or unenforceable shall be ignored and the remaining provisions shall remain enforceable and be so interpreted as to effect, as closely as possible, the original intent of the parties.
17.2. All limitations of liability, warranties, representations and disclaimers in this Agreement shall survive the termination of this Agreement.

18. Breach

18.1. Either party’s past or present failure to exercise or enforce any rights under this Agreement shall not prejudice their ability to exercise or enforce any of their rights in the future. This agreement comprises the entire agreement between you and us and supersedes all prior agreements.