LIFE IN A POD, becoming a part of the virtual community AGREEMENT 2013
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MANIFESTO
CONTRIBUTOR’S RELEASE
PARTIES, BACKGROUND, TERM
AGREED TERMS 1. INTERPRETATION 2. RELATIONSHIP AND COMMUNICATION 3. BASIS OF CONTRACT 4. DELIVERY OF OBLIGATION AND SUPPLY OF SERVICES (by LIP) 5. CONDITIONS OF PROTOCOL (for Podlings) 6. CONFIDENTIALITY 7. LIMITATIONS OF LIABILITY 8. TERMINATION 9. GENERAL 10. ENTIRE AGREEMENT 11. GOVERNING LAW AND JURISDICTION SIGNING
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LIFE IN A POD’s MANIFESTO
Life in a pod is entirely focused on the virtual reality gaming life – the users create, develop and live entirely through the lives of their virtual selves, satiating each of the ‘8 hidden human needs’: Emotional Security, Reassurance of Worth, Ego Gratification, Creative outlets, Love objects, Sense of power, Roots, Immortality.
Among the needs of man, as laid out by Maslow’s hierarchy – self-actualisation, esteem, love/
belonging, safety and physiological – physiological needs are the fundamental necessities of the human body which are all taking care of through the body’s natural functions and the Island’s life support scheme, whilst the rest of the needs can be met at the highest extent through the process of the virtual life. Outside of the Pods is an Infrastructure of workers who are dedicated to ensuring the wellbeing of the Podulars and maintaining the upkeep of the Island. There are two main vats; one containing a lifetime’s supply of nutrients and the other is for waste.
The short-term aim of the Island is to bring ‘ultimate happiness’ to the Podlings (virtual reality
gamers), where they can commit their lives to their virtual selves. Whilst at a larger scale, the Island is to help with maintenance of the rest of the world – reducing the ‘real world’s’ population by two thirds and transporting them to this Island, where there is very little pollution and manmade issues, allows the world to rejuvenate and begin its healing process. There is to be no reproduction on this island, therefore answering the issue of population growth control for the time being.
CEO Mary Haymaker Life in a Pod Director
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CONTRIBUTOR’S RELEASE Status: Maintained // Jurisdiction: United Kingdom Dear Joe Bloggs, We write to confirm our agreement whereby, in consideration of our offering to you a lifetime of ultimate happiness and of our giving you the opportunity to provide us with the Contribution, and of our arranging to accommodate you for the Contribution: 1. You agree to the Contribution and hereby grant to us all rights including without limitation copyright and performers’ property rights in such Contribution and all consents necessary to enable us to make the fullest use of the Contribution worldwide in perpetuity in any and all circumstances, whether now known or hereafter developed or discovered, without payment, liability (save as specifically set out in this agreement) or acknowledgement to you. 2. You acknowledge and agree that we shall be entitled to adjust the Contribution at our discretion and, in respect of the Contribution, you hereby irrevocably waive in favour of us, our assignees and licensees the benefit of all moral rights and performers’ rights arising under the Copyright, Designs and Patents Act 1988 or similar rights arising under the laws of any jurisdiction. 3. You hereby grant us the right to issue publicity relating to the Contribution, the Programme and any other programme in which it may be included and to use and publish the Contribution. 4. You warrant and undertake that: 4.1
You are fully entitled to grant all rights in the Contribution to us;
4.2 If you are under 18 years old, you must have a parent or guardian with you at time of signing; 4.3 You shall keep confidential and shall not disclose to any third party any confidential information, photographs or other material relating to the Producer or the Programme or anyone taking part in it which came to your knowledge as a result of your participation in the Programme; and 4.4
You acknowledge that we shall not be liable for any loss, damage or injury suffered by you in connection with your participation in the Programme.
5. You hereby undertake that you will not prior to first public transmission of the Programme give to any person for publication in any media any interview or make or release any statement, photographs or other material relating to you, similar to the Contribution or relating to similar subject matter without our prior written approval. 6. You hereby indemnify us irrevocably against all and any costs, claims, expenses and liabilities (including, without limitation, legal fees and any sums paid on the advice of Counsel) resulting from the breach by you of any of your obligations under this agreement. 8. Our rights under this agreement may be freely assigned or licensed by us. 9. This agreement shall be governed by and construed in accordance with English law and will be subject to the exclusive jurisdiction of the courts of England and Wales. Yours faithfully, ................................................................ CEO Mary Haymaker Life in a Pod Director Life in a Pod Contract Agreement Zanzibar Island’17
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PARTIES
Programme (working title)
Life in a Pod
Contributor’s name
Joe Bloggs
Contributor’s address
52 Frays Avenue, London, UB7 7AG,
Contributor’s telephone number
01424-555-305
Contributor’s email address
joebloggs@gmail.com
Producer’s name
CEO Mary Haymaker
Producer’s address
18 Millmark Grove, London, SE14 6RQ,
Producer’s telephone number
07951260358
Producer’s email address
lifeinapod@gmail.com
Signing over life to ‘Life in a Pod’
Description of Contribution Date of Contribution
21st February 2017
Date of agreement
1st May 2013
(1)
‘Life in a Pod’ incorporated and registered in England and Wales with company number 33223063 whose registered office is at 18 Millmark Grove , London , SE14 6RQ, England (Organiser and Director).
(2)
Joe Bloggs whose registered residing is at 52 Frays Avenue, London, UB7 7AG, England (Participant).
BACKGROUND
(A)
The Organiser owns and controls the Commercial Rights and wishes to market and license certain Commercial Rights as Lifetime packages during the Term and for the Territory for the greater good of the World.
(B) The Participant wishes to accept, and the Organiser wishes to present to the Participant, a Lifetime of Ultimate Happiness for the Programme on the terms and conditions set out in this agreement.
TERM
This agreement shall take effect on and from the Commencement Date 21/02/2017 and shall continue until poplulation grown has been stabilised unless terminated in accordance with the provisions of this agreement.
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AGREED TERMS
1. INTERPRETATION (p1/5)
1.1
Definitions. In these Conditions, the following definitions apply:
“Avatar” means the virtual self of each Podling, who follows laws and guidelines as set out in the Virtual World, which may change based on amendments made at any time.
“Business Continuity Plan” means the written plan setting out the processes and arrangements which will follow to ensure continuity of the island processes and operations following any failure or disruption of any element of the provision of Contract Work and the recovery of the provision of Contract Work in the event of an Unplanned Interruption;
“Business Day” means any day including Saturday, Sunday and any bank or public holiday in Zanzibar (under UK Legislation) during the course of the Podling’s lifetime;
“Business Hours” means waking hours of each Business Day;
“Clause” means a clause in these Standard Terms (unless specified otherwise);
“Client” means an individual whom the Director of Life in a Pod has determined qualifies for Contract Work and for whom you are performing or have performed Contract Work;
“Contract” means the agreement between parties that consists of the Contract Documents;
“Contract for Signature” means the document of that name issued by Life in a Pod and signed by both parties;
“Contract Period” means as specified in the Contract for Signature; Eternity;
“Contract Start Date” means the date specified in your Contract for Signature as the date this Contract starts;
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1. INTERPRETATION (1.1 (p2/5) “Contract Work” means the work that performed for Podlings in the Category or Categories of Law specified in the Life in a Pod Schedule(s) and the Specification under, or by virtue of, this Contract;
“Control” means in relation to a person, the power (whether by means of holding shares, possessing voting power, entitlement to profits or exercising contractual powers in or over that or any other person) to ensure that its affairs are conducted in accordance with the wishes of the person holding the power; that Life in a Pod holds power over stated Podling;
“Data” means as specified in the Data Protection Act 1998, which may or may not be followed;
“Data Controller” means a person who determines the purposes for which and the manner in which any Personal Data are, or are to be, processed, save that where Personal Data is processed only for the purposes for which they are required by or under any enactment to be processed, the person on whom the obligation to process the data is imposed by or under the enactment shall be treated as the Data Controller; all data may be used as wished by infrastructure and Life in a Pod;
“Data Protection Legislation” means the Data Protection Act 1998, the EU Data Protection Directive 95/46/EC, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Privacy and Electronic Communications Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner and any generally accepted code of any practice; may or may not be followed
“Data Security Guidance” means LIP’s published guidance regarding compliance with Data Security Requirements;
“Data Subject” means an individual who is the subject of Personal Data;
“Delegated Functions” means functions of the body which have been taken control of through the Infrastructure;
“Environmental Information Regulations” means the Environmental Information Regulations 2004 together with any guidance and/or codes of practice issued by the Information Commissioner or relevant government department in relation to such regulations;
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1. INTERPRETATION (1.1 (p3/5) “Eternity” means every Business Day after and until the termination of human corpse and every day thereafter;
“Free Will” means the Avatar will have freedom to exist from the function of Game Memory;
“Game Memory” means the memory created through the Avatar’s existence based on the Podling’s activity through time of the respective living Human Body; “Human Body” means the Podling’s natural body in its state;
“Information” means information recorded in any form of the Freedom of Information Act 2000;
“Infrastructure” means the team of workers set for insuring well-being on the island;
“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“IT System” means the configuration of computer components comprising all the software owned by, or licensed to you by a third party (and any updates and enhancements to it), all hardware, telecommunications and network equipment used by you, together with any asset which relies in any respect on computer hardware or other information technology which links the different parts of the system together;
“Life in a Pod” or “LIP” means the organization and supplier;
“Lifetime” means for Eternity
“Location” means a location from which you deliver Contract Work and which satisfies any requirements set out in the Specification;
“Matter Start” means the authority to start a Controlled Work case for Podling in accordance with the rules set out in the Specification;
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1. INTERPRETATION (1.1 (p4/5) “Ordinary Resident” means a resident of the World who is not involved in the LIP Programme.
“Parties” means both Podlings and LIP;
“Personal Data” means Data which relates to a living individual who can be identified from those Data or from those Data and other information which is in the possession of, or is likely to come into the possession of, the Data Controller and includes any expression of opinion about the individual and any indication of the intentions of the Data Controller or any other person in respect of the individual;
“Podling” means the participant involved;
“Podulars” or “Pods” means the habitation in which the Podlings will reside; “Points of Principle of General Importance” means decisions made for the greater good of the World, make affect the conditions for Podlings;
“Previous Life” means Podling’s life prior to LIP;
“Programme” means the entire event of LIP’s ideology;
“Real World” means Earth which may also refer to its inhabitants (excluding inhabitants of LIP’s Zanzibar);
“Relevant Protected Characteristic” means age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation as provided for under section 149(7) of the Equality Act 2010, will be calculated accordingly to avoid an unfair selection process (other than the course of pregnancy must be completed before commencement);
“Remainder Work” means Contract Work that you are performing as at the date of termination and/or expiry of this Contract which LIP authorise Podlings to continue to perform pursuant to the regulations that the Podling’s memory will continue after the human remains have terminated;
“Service” means the handling of bodily functions in whatever way is needed to support health and functionality;
“Specification” means the Contract Document designated as such by LIP as specified;
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1. INTERPRETATION (1.1 (p5/5) “Standard Terms” means these Standard Terms 2013 comprising of the Clauses; “U.K.” means the United Kingdom of Great Britain and Northern Ireland, governing the LIP Zanzibar;
“Ultimate Happiness” means that the respective Avatar may accomplish ultimate happiness through the virtual system;
“Unplanned Interruption” means any unplanned interruption of your IT System (whether of information processing facilities or systems or otherwise) which significantly impairs your ability to perform Contract Work (in whole or in part) in accordance with the terms of this Contract, will automatically transfer Podling to sleep mode;
“Virtual Account” means Podling’s account with us for managing the electronic transmission of information between parties through the Online Service from time to time in accordance with this Contract, in which the Avatar runs from;
“Virtual Service” means Life in a Pod’s system for managing the electronic transmission of information between LIP and Providers;
“Virtual System” means the running of the service for the Podling’s Avatars;
“Virtual World” means the world in which the Podlings are living through via the Virtual System;
1.2 Clause and paragraph headings in this Contract are inserted for convenience only and do not affect its interpretation.
1.3 References to “notifying”, “notification” or “notice” mean notifying, notification or notice as provided by this Contract.
1.4
Any obligation relating to sending, or to the completion and submission, of any form designated or specified by LIP includes the obligation properly and fully to complete and promptly to submit the form by such means and in such a format as LIP specifies.
1.5 Any obligation that requires Podling to have performance and compliance policies, systems, procedures or controls in the Virtual World includes the obligation effectively to operate them at your own cost whilst
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1.6 The words “other”, “include”, “includes”, “included” and “including” shall apply without limitation.
1.7
Any reference to this Contract, or any part of it, ending or terminating means (unless otherwise stated) ending in any manner and not merely by eff luxion of time.
1.8 The definitions of “Data Subject”, “Personal Data”, “Processing”, “Process”, “Processed”, “Data Controller” and “Data Processor” are taken from the Data Protection Act 1998 and the definition of “Information” is taken from the Freedom of Information Act 2000. These definitions are set out in full for ease of reference in this Contract and may interpreted in the same way as their equivalent terms within those statutes.
1.9 LIP reserves the rights to edit, change and amend the contract at any given time.
2. RELATIONSHIP AND COMMUNICATION
2.1
In relation to this Contract, Podlings will act in good faith.
2.2
Without prejudice to more specific provisions of this Contract, Podlings agree to work together in mutual trust and co-operation to achieve the goals of LIP.
2.3
LIP will not incur any contractual liability to any Podling and will not take any responsibility FOR any Podling as a result of anything done by you in connection with this Contract.
3. BASIS OF CONTRACT
3.1
The Order constitutes an offer by the Podling to agree to conduct themselves in accordance with these Conditions.
3.2 The Contract constitutes the entire agreement between the parties. The Podling acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of LIP which is not set out in the Contract.
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3.3
Any samples, drawings, descriptive matter or advertising issued by LIP and any illustrations or descriptions of the Services (Virtual or not) contained in the LIP’s commercials or brochures are issued or published for the sole purpose of giving an approximate idea of the Services and experience described in them. They shall not form part of the Contract or have any contractual force.
3.4
These Conditions apply to the Contract to the exclusion of any other terms that the Podling seeks to impose or incorporate.
3.5 Once signed by respective Podling, all rights are reserved by LIP. Podlings will agree to abide by the Contract in full. In turn, giving full Intellectual Property Rights and Control of persons to LIP.
4. DELIVERY OF OBLIGATION AND SUPPLY OF SERVICES (by LIP)
4.1
LIP agrees to facilitate the physiological needs of the Human Body that are the fundamental necessities of maintaining the corpse. These are taken care of through the body’s natural functions and the Island’s life support scheme.
4.2
The Delegated Functions of the Podlings; bodily waste, nutrition, sleep and all other needs will be met until the human corpse finds it no longer necessary, primarily through use of medical application.
4.3
Sleep shall be induced on request of the Podling, for an allocated time, to rest the Human Body and restore vitality. Allowing for optimum gaming time.
4.4
The island Infrastructure will be on location to insure well-being of the Podlings.
4.5
LIP will allocate levels of capital within the Avatar’s Virtual World based upon wealth and status from Previous Life.
4.6
LIP has selected fairly from the regulations of Relevant Protected Characteristic.
4.7
LIP will, with every endeavour possible, work to support the greater good of the World.
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5. CONDITIONS OF PROTOCOL (for Podlings)
5.1
Once Podling has entered the Matter Start of Zanzibar Island, complete control has been given to LIP in the handling of the Podling’s Human Body, including Delegated Functions.
5.2
Podling agrees to a life of Ultimate Happiness (as defined in Clause 1.1) through the Virtual Service for the greater good of the Real World, as administered by the Environmental Information Regulations and Points of Principle of General Importance.
5.3
Podling agrees that once the Human Body has terminated the respective Avatar will continue to live Free Will, Game Memory mode.
5.4
Respective to Clause 5.3, the Human Body will be cremated within the Podulars furnace, in which the ashes shall be disseminated to fertilise the Real World.
5.5
Podling, in conjunction with Clause 5.2, understands that LIP’s ideology is to provide Ultimate Happiness to Podlings as well as to aid the regeneration of the Real World by reducing the world’s population by two thirds.
5.6
Due to the explanation of Clause 5.5, there is to be no reproduction or sexual activity for the Podlings. However, Avatar’s are free to do as they desire, as long as it is abiding by the rules, regulations and laws within the Virtual World.
5.7
Podling will be cooperative with all of the requests of LIP, and reserve no rights for the respective Human Body.
5.8
Podling’s understands that this is a Lifetime Contract, applicable for each Business Day until Contract Period terminates.
5.9
From Clause 5.8, the Podling is to remain at the Location of Zanzibar Island for every Business Day and complete all business hours.
5.10 Podling may choose to terminate their own Human Body at any time. However, this function is not reversible. 5.11 Podling must give all posessions (inlcuding financial ownership) from Previous Life to LIP in order to adjust wealth for Avatar.
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5.12 It is the Podling’s responsibility to satiate the ‘hidden needs of man’ through the life of the Avatar: i.
Emotional Security
ii.
Reassurance of Worth
iii.
Ego Gratification
iv.
Creative outlets
v.
Love objects
v i.
Sense of power
vii. Roots viii. Immortality
5.13 Should a Podling behave with misconduct, appropriate action will be taken as monitored by LIP Infrastructure.
6. CONFIDENTIALITY
6.1
Unless deemed necessary by the Data Controller at LIP, all Information of Personal Data Subject’s (Podling) Previous Life will be protected by the Data Protection Legislation, remaining confidential.
6.2
Podling may select any name for their respective Avatar. It is not required that the name is the same as from their Previous Life.
6.3
Based on Clause 6.2, LIP owns the right to alter any name chosen if it is not approved.
6.4
Podling may choose to let themselves be known to reconnect with acquaintances of Previous Life.
6.5
Prior to begining the programme the Podling, under no circumstances, may discuss any information or knowledge gained about the programme to any other Ordinary Resident.
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7. LIMITATION OF LIABILITY
7.1
These Conditions shall limit or exclude the LIP liability for:
i.
Death or personal injury caused by its negligence, or the negligence of its Infrastructure, agents or subcontractors;
ii.
Misconduct of LIP’s Infrastructure;
iii.
Misunderstanding of the Contract;
iv.
Any unfulfillment felt by Podlings.
8. TERMINATION
8.1
Under no circumstance is the Podling permitted to withdraw from the LIP Programme once the Contract as been signed and agreed.
8.2
LIP holds the rights to terminate a Podling if deemed necessary.
8.3
Should Clause 8.2 be executed, Clause 5.3 will for the most part remain true.
9. GENERAL
9.1
Force majeure:
i.
ii.
For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of LIP including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, f lood, storm or default of suppliers or subcontractors. LIP shall not be liable for the well-being of the Podling as a result of any delay or failure to perform its obligations under this Contract and Business Continuity Plan as a result of a Force Majeure Event. Life in a Pod Contract Agreement Zanzibar Island’17
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iii.
If the Force Majeure Event prevents LIP from providing any of the Services, Clause 8.2 may be put in place, instigating Remainder Work.
// Otherwise forcing Unplanned Interruption precautions on minor occurrences.
9.2 Assignment and subcontracting:
i.
ii.
9.3
LIP may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party. The Podling shall not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
Governing law and jurisdiction:
This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, UK law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
10. ENTIRE AGREEMENT
10.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.
10.2 Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this agreement, unless LIP feels it necessary. Podlings shall not have any claim for innocent or negligent misrepresentation based upon any statement in this agreement.
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11. GOVERNING LAW AND JURISDICTION
11.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
11.2 The parties irrevocably agree that the courts of England and Wales shall have nonexclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
This contract has been entered into on the date stated at the beginning of it.
The Parties herto promise to abide by the terms of this agreement and intend to be legally bound thereby.
Signed by CEO Mary Haymaker:
for and on behalf of ‘Life in a Pod’ Organiser and Director
Signed by Joe Bloggs:
Participant and Contributer Podling
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