|
|
|
Trading Post Member
 
Group: Forum Members
Last Login: 20/07/2007 3:49 PM
Posts: 4,
Visits: 0
|
|
| Please read the attached documents before submitting a bid for BigPond Second Life land at The Pond.
|
|
|
|
|
Trading Post Member
Group: Forum Members
Last Login: 20/07/2007 3:49 PM
Posts: 4,
Visits: 0
|
|
GENERAL TERMS - THE POND
WELCOME
Telstra BigPond offers you this residential development at The Pond in the hope that it will provide you a retreat that will be a tranquil and beautiful place. It is hoped Residents may find the warmth and mutual support of a community they can access from anywhere and turn to at any time.
Telstra BigPond hopes The Pond will be a place defined by mutual respect for other Residents, cultural richness and freedom to explore virtual worlds.
1 INTRODUCTION
1.1 Telstra BigPond is seeking Residents for The Pond who desire to build a community of people who are looking for a quiet village or town away from the real world and its problems.
1.2 Lots for rent on the islands of Pondillion, Pondice and Pondshen and the other Islands, together comprising the Residential Estate, are available to Residents for this purpose. Collectively these islands constitute the residential sector of Telstra BigPond's estate. For the good of all Residents, Telstra BigPond encourages consistency between the appearance of the homes and gardens created in the Residential Estate and the buildings, facilities and features that Telstra BigPond builds on the Residential Estate. Residents should be willing to blend their living spaces with the visual flow of the Residential Estate.
1.3 These General Terms will be incorporated into and form part of the Agreement for The Pond Residential Estate between Telstra BigPond and any person who rents land from Telstra BigPond.
2 WHAT IS PERMITTED
2.1 Residents may conduct a business from their homes, provided the business is of a nature which does not conflict with any of the obligations set out in the Agreement. Telstra BigPond reserves an absolute discretion to refuse to rent a property to, or revoke an existing Residential Rental Agreement, if it deems a business to be unacceptable. Prospective tenants are encouraged to verify the suitability of their intended business for a residential tenancy at Telstra BigPond's Residential Estate in advance of establishing the business.
2.2 Residents planning a function likely to be attended by more than 10 avatars should verify their plan in advance with Telstra BigPond's Estate Managers. Telstra BigPond reserves the right to manage sim lag contention at its discretion.
2.3 Residents may terraform their Lots, subject to the requirements set out in the Agreement, and so long as any terraform does not create unsightly transitions or obscure public paths and signs.
2.4 Residents may not attempt to cut an island out of the Lot by terraforming without prior discussion with Telstra BigPond as to the suitability of their vision and how it affects the overall appearance and structure of the community at large. Telstra BigPond reserves absolute discretion to approve or disapprove such requests.
3 ACCEPTABLE BUILD FEATURES
3.1 Building in situ of a Lot is allowed, but if it is anticipated that construction (including but not limited to construction with noticeable plywood) will take longer than a couple of weeks, Residents are asked to conduct the construction work at a sky platform above 400 metres.
3.2 Builds must not float above the Lot unless they are skyboxes and above 400 metres.
3.3 Builds must not span a property edge to edge. Builds exceeding a height of 24 metres must not do so for the entirety of the Lot (edge to edge).
3.4 Residents must ensure that they build only on their own Lot. Trees, fauna etc should not cross over property lines without the neighbour's consent.
3.5 Rear and side yards along the narrower paths, or along borders without paths, may only be fenced in a manner that is not excessively tall.
3.6 Security systems must give at least a 20 second warning to vacate before ejecting a person or teleporting them home. If your sim has a path along its border, you must ensure that those travelling the public path(s) will not be within range of your security system.
3.7 Spatialised sound must be restricted to the Lot.
4 UNACCEPTABLE BEHAVIOUR
4.1 Residents are reminded that the provisions of the Linden Lab Terms of Service and Community Standards apply and will be enforced by Telstra BigPond Estate Managers.
4.2 Bigotry, intolerance, griefing, harassment and analogous activities will not be tolerated, whether perpetrated by Residents or visitors.
4.3 Theft and Scamming will not be tolerated regardless of whether or not the offence took place in The Pond.
4.4 Child pornography is strictly prohibited.
4.5 There will be no gambling machines or casinos or gambling related businesses allowed under, on or above any island in The Pond.
4.6 There will be no clubs or escort services allowed under, on or above any island in The Pond .
4.7 Camping chairs, dance pads and other similar devices are not permitted. Other devices are not specifically excluded, but may not be used in such a manner as to simulate camping.
4.8 Objects or persons that 'Shout' and create 'Spam' within a range so as to annoy any avatar on The Pond are not permitted.
4.9 Avatar genitals and associated assets must be kept invisible to the public as far as practicably possible. The use of clothing that generates large numbers of complaints will not be tolerated and avatars insisting on the use of such garments will be ejected at Telstra BigPond's discretion.
4.10 Business signage must not detract from the Residential Estate's overall aesthetics. Residents are encouraged to verify with Telstra BigPond's Estate Managers their plan for deployment of business signage prior to its placement on the Resident's Lot or at any other location on The Pond. Telstra BigPond reserves the right to delete or return any signage at its discretion.
4.11 No Ban Lines are permitted.
4.12 Subject to Clause 4.11 above, you have the right to ban any individual with the exception of the Telstra BigPond support personnel and Estate Managers from the Lot you rent from Telstra BigPond.
4.13 Any abuses of privilege will be monitored, and Telstra BigPond reserves the right to take Remedial Action where abuse of privilege is determined to have occurred.
4.14 Residents must not use the Lot or engage in conduct on or in relation to the Lot in any way:
(a) which causes them to breach their contract with Telstra BigPond, or to breach a law (including a foreign law), a code or an instrument which governs their conduct;
(b) which could cause Telstra BigPond to breach, or be involved in a breach of law (including a foreign law), a code or an instrument which governs its conduct;
(c) which could result in Telstra BigPond incurring a liability to any person;
(d) that Telstra BigPond considers could adversely affect or prejudice its reputation or brand; or
(e) which abuses any privileges given to them by Telstra BigPond.
5 DISPUTES
5.1 Telstra BigPond encourages good relations between neighbours. Residents are asked to work with neighbours in the first instance to settle any disputes including those relating to potential breaches of the Agreement. Where discussion fails, Residents should e-mail a description of the dispute history (including transcripts of chat and pictures if possible) and describe the nature of the relief sought via the Telstra BigPond Second Life support e-mail form.
5.2 Personal disputes between Residents are by definition 'personal', and neither Telstra BigPond nor its delegated Estate Managers or support personnel will become involved in the resolution of such disputes, except at Telstra BigPond 's sole discretion.
6 VARIATIONS TO THIS DOCUMENT
6.1 Telstra BigPond reserves the right to vary the contents of these General Terms at any time in accordance with the Agreement.
7 FINAL NOTE
7.1 Telstra BigPond will make reasonable efforts always to be fair with all Residents and guests, however, please remember final decisions on all issues within The Pond rest with Telstra BigPond, delegated Estate Managers and designated support personnel.
8 DEFINITIONS
8.1 Terms defined in the Agreement have the same meaning in these General Terms. In addition, in these General Terms, the following terms have these meanings unless the contrary intention appears:
(a) Agreement means the agreement consisting of these General Terms, the Residential Rental Agreement and the Rental Summary Card;
(b) Ban Line means the boundary which is created when an avatar establishes an unpassable perimeter boundary and includes setting the sim to group access only or denying access by payment status;
(c) Prim Allowance means the quota of prims that can be rezzed on a given Lot or other parcel of land; and
(d) Resident means a person who has entered into a Residential Rental Agreement for Telstra BigPond's Residential Estate.
|
|
|
|
|
Trading Post Member
Group: Forum Members
Last Login: 20/07/2007 3:49 PM
Posts: 4,
Visits: 0
|
|
RESIDENTIAL RENTAL AGREEMENT FOR THE POND ESTATE
1 GENERAL
1.1 This document, the General Terms and the Rental Summary Card (together the "Agreement") sets out the terms and conditions which govern your rental of "land" in Telstra BigPond's Residential Estate in Second Life. Second Life is a virtual synthetic construct created by the American company Linden Lab. As the "land" which you are renting (the "Lot") is virtual property and does not exist outside of Second Life, nothing in the Agreement can have the effect of conferring a real and tangible property right on you. The Agreement contains all the terms relating to your use and access to the Lot.
1.2 Telstra BigPond has no control over Linden Lab, and the extent to which you can use the "land" will be subject to the availability and operation of Second Life by Linden Lab, and subject to you being able to enter into and participate in Second Life.
2 CONTACTS
2.1 The Pond is owned and managed by Telstra BigPond. If you have any questions about the Agreement, please instant messenger Telstra BigPond's designated support personnel or Estate Manager(s) before renting the Lot.
3 THE POND
3.1 The Residential Estate is rated "mature" under the Second Life Community Standards.
3.2 Linden Lab's Terms of Service and Community Standards will apply to all Residents of The Pond. These are available at www.secondlife.com. You should familiarise yourself with these terms and only enter an expression of interest for a Lot in The Pond if you are comfortable to abide by and live under the governance of those terms, and the implications that may flow from them.
4 TERMS OF RENTAL
4.1 You agree to rent, and Telstra BigPond agrees to rent to you, the Lot specified in the Rental Summary Card for the period specified in the Rental Summary Card. The rental of the Lot entitles you to use the Lot in accordance with the terms of this Agreement and such other decrees as Telstra BigPond may make from time to time at its discretion.
4.2 This Agreement commences on the commencement date set out in the Rental Summary Card. If you do not make the first month's tier payment on or before the commencement date, Telstra BigPond may terminate this Agreement immediately by giving you notice of termination. By making a payment in accordance with this clause you are agreeing to the terms of this Agreement and accepting Telstra BigPond's offer to rent the Lot.
4.3 Upon receipt of your first month's tier payment, Telstra BigPond will contact you to arrange handover of the Lot.
4.4 You must ensure that you know what you are renting and how much it will cost you before accepting the terms of this Agreement. This information is contained in the Rental Summary Card. For detailed information about your chosen Lot you can right-click on the Lot and choose "About Land".
4.5 If you remain in possession of the Lot without objection by Telstra BigPond after the end of the Term specified in the Rental Summary Card, you will become a monthly tenant and your rental will continue on a month to month basis until terminated in accordance with the Agreement. The tier payment will continue to be payable one month in advance. Telstra BigPond may increase the monthly tier payment by giving you 30 days written notice.
5 TIER PAYMENTS
5.1 You must pay one month of tier payment in advance as soon as you receive notification from Telstra Bigpond that your expression of interest has been successful. Thereafter Telstra BigPond will accept up to three months of payments in advance at a time. Payments exceeding three months of prepaid tier will not be accepted.
5.2 All payments are to be made to Telstra BigPond via the Payment Board.
5.3 If Telstra BigPond or Linden Lab bans you from Second Life on a temporary basis for any reason, you will receive no refund or credit of monthly tier paid for days of 'lost use' during the ban period.
6 RESIDENT'S OBLIGATIONS
6.1 You must:
(a) comply with the Agreement;
(b) consult Telstra BigPond before making any abrupt elevation changes;
(c) not assign or otherwise transfer your rights or obligations under the Agreement without the consent of Telstra BigPond; or
(d) not sublease or subdivide the Lot.
7 RELINQUISHMENT
7.1 You may choose to relinquish your Lot at any time by notice to Telstra BigPond. If you do this, the Agreement will terminate. You will no longer need to pay tier fees for the Lot, and will lose all your rights relating to the Lot.
7.2 Telstra BigPond will not refund any rental payments if you relinquish your Lot for any reason, or have been evicted or banned from your lot by Telstra BigPond support personnel or Telstra BigPond's designated Estate Manager(s) for any reason.
7.3 It is your responsibility to remove any of your inventory objects from your Lot before relinquishing it. Telstra BigPond accepts no responsibility for the loss or damage of any objects due to your failure to empty your Lot before the relinquishment takes effect.
8 TERMINATION BY BIGPOND
8.1 If you:
(a) breach the Agreement and do not remedy the breach within 3 days of Telstra BigPond's notice to you to remedy the breach;
(b) fail to comply with the Linden Lab Terms of Service and/ or Community Standards; or
(c) otherwise engage in conduct, disputes, action or reaction which disrupts The Pond's community;
Telstra BigPond may at its discretion take Remedial Action.
8.2 In addition, Telstra BigPond may terminate the Agreement at any time if:
(a) it wishes to permanently shut down one or more parts of The Pond;
(b) Second Life ceases to be available permanently;
(c) Linden Lab bans you from accessing or using Second Life;
(d) Linden Lab cancels your account in Second Life; or
(e) for any reason without cause Telstra BigPond in its absolute discretion considers such termination necessary.
Telstra BigPond will try to notify you before terminating the Agreement for these reasons, if it is reasonably possible to do so. However, a failure to notify you will not affect any such termination.
8.3 A permanent eviction or ban from the Pond will result in:
(a) a termination of the Agreement; and
(b) Telstra BigPond being entitled to repossess your Lot.
8.4 If Telstra BigPond terminates the Agreement under clause 8, there will be no refund of any prepaid tier monies or monies paid for the Lot up front.
9 TELSTRA BIGPOND'S RIGHTS
9.1 Telstra BigPond reserves the right to:
(a) change the terms of the Agreement at any time by giving at least 30 days notice to you. If you do not agree to the changes, you may terminate the Agreement by relinquishing your Lot in accordance with the Agreement;
(b) deem a Build unsuitable and require remodelling of that Build;
(c) terraform The Pond if it deems it desirable or necessary;
(d) introduce new islands into The Pond which may affect the aspect of Resident's Lots within the Residential Estate; and
(e) terminate the Agreement in accordance with clause 8 above.
10 LIMITATION OF LIABILITY
10.1 Telstra BigPond's liability for negligence, breach of contract or contravention of any law as a result of the Agreement or any problem with the Lot, or your use of the Lot which cannot be lawfully excluded, will be limited to resupplying you with a rental lot similar to the Lot, such similarity not extending to the view or proximity to previous neighbours.
10.2 To the full extent permitted by law, Telstra BigPond excludes all conditions or warranties which may be implied into the Agreement. However, under certain laws you may still possess rights that may not be excluded.
10.3 Telstra BigPond makes no warranties or representations in relation to, and excludes liability under the Agreement in relation to the availability of Second Life, your ability to access and use Second Life, or your ability to access and enjoy the benefit of the Lot.
10.4 Telstra BigPond is not liable to you for any loss to the extent that it is:
(a) caused by you, for example, through your negligence;
(b) loss of data or loss or profits or revenue; or
(c) caused by circumstances outside our control.
10.5 You agree to indemnify Telstra BigPond against all actions, claims, suits, liabilities, costs or expenses, demands arising out of or connected with:
(a) your access to and use of the Lot (including any infringement of intellectual property rights arising out of or in connection with content which you upload, make available from, download, copy, publish or modify, on the Lot);
(b) any misleading, false, or incorrect information about yourself submitted in the Application Process; and
(c) any breach by you of the Agreement.
11 NOTICES
11.1 If Telstra BigPond needs to notify you of any matters relating to the Agreement it will notify your avatar using instant messenger within Second Life.
11.2 Please be aware that Telstra BigPond's privacy statement (available at www.telstra.com.au) governs the use and disclosure of personal information collected by Telstra BigPond.
12 GOVERNING LAW
This Agreement is governed by the law of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
13 DEFINITIONS
13.1 In the Agreement, the following terms have these meanings unless the contrary intention appears:
Agreement means the agreement consisting of this Residential Rental Agreement, the General Terms and Rental Summary Card.
Build means the building and any other facilities or features you build or intend to build on the Residential Estate.
Estate Manager means a person appointed by Telstra BigPond as estate manager.
General Terms means the document titled "General Terms" from time to time published by Telstra BigPond at www.BigPond.com.au.
Linden Lab means Linden Research, Inc.
Lot means the parcel of land specified in the Rental Summary
Payment Board means the object visible on each island in the Residential Estate which functions as an instrument of rental administration.
Remedial Action means:
(a) giving you a warning or requesting corrective action;
(b) returning objects to your inventory or deleting them;
(c) temporarily banning you and/or others from part or all of The Pond, including your Lot;
(d) permanently evicting and/or banning you; or
(e) terminating the Agreement.
Rental Summary Card means a note card provided to you along with notification from Telstra BigPond that your expression of interest has been successful, setting out the terms of your rental, including but not limited to the agreed rent, term of rental, Lot to be rented and rental commencement date.
Residential Estate means the islands of Pondice, Pondillion and Pondshen, and such other islands as may be made available for rent or sale from time to time.
Second Life means the multi-user online game offered by Linden Lab.
Support Personnel means such avatars as BigPond may designate as support personnel from time to time, who will be identified as members of the "Pond Administration" Group.
Telstra BigPond means the BigPond business unit of Telstra Corporation Limited, an Australian corporation, ACN 051 775 556.
The Pond means the Telstra BigPond islands in Second Life comprising Pondex, Pondessa, Ponderama, Ponden, Pondfield, Billabong, The Pond, Ponderosa, Pondice, Pondillion and Pondshen, or such other islands as may be added from time to time.
You and your (whether or not with initial capital letters) refer to the person receiving notification from Telstra BigPond that their expression of interest has been successful.
In the Agreement unless the contrary intention appears:
(a) a reference to the Agreement or another instrument includes any variation or replacement of any of them;
(b) the singular includes the plural and vice versa;
(c) the word "person" includes a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any Government Agency;
(d) a reference to a person includes a reference to the person's executors, administrators, successors, substitutes (including persons taking by novation) and assigns; and
(e) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day.
|
|
|
|
|
Trading Post Member
Group: Forum Members
Last Login: 20/07/2007 3:49 PM
Posts: 4,
Visits: 0
|
|
FAQ for Residents renting land on POND LIVING
1 What do I need land for?
So you can put your inventory items on it permanently for others to interact with and also create a customised space including buildings, land shape, music and movie feeds and so on.
2 Do I need to be a premium Second Life member?
No you can rent land as a Second Life basic account holder.
3 How do I pay my rent?
To pay your rent you simply right click on the rental box on / near your Lot and pay it using Linden Dollars in your account. The box is clever and it will do several important things. For example, it will warn you that your month's rent in advance is due and also if you have missed a rent.
4 What is the minimum period for which I can rent a Lot?
You must rent the Lot for at least 3 months, initially. From then on rental is month by month.
5 Can I pay in advance?
Yes you can pay a maximum of three months rent in advance, with the minimum increment being one month.
6 Can others pay my rent?
No it has to be you who pays the rental box. If you are collecting money from a group, ask them to pay you, and you make the total payment to the box.
7 Is it really my land?
Yes, it is your Lot, provided that you continue to pay the rental and comply with the conditions contained in The Pond Residential Rental Agreement and the General Terms for The Pond Residential Estate.
8 Is this my home?
Yes you can set the land to Home in World/Set Home to Here.
9 Can I change music and media settings for my parcel?
Yes. You do this in World/About Land/Media tab.
10 Can I ban people?
Yes, you can ban anyone from your parcel, except from Pond admin staff. However, you may not generally restrict access to an individual or group, as this creates "ban lines" which are forbidden in the conditions contained in The Pond Residential Rental Agreement and the General Terms for The Pond Residential Estate.
11 Can I create and rez objects?
Yes, of course.
12 Can my friends rez and build?
Yes, if you allow building on your Lot. Otherwise it is just you. Of course, you are responsible for the actions of your friends on your land, just as you are responsible for your own actions.
13 Can I set my own landing point on my parcel?
Yes. Choose World/About Land/ Options - then at the bottom click the Landing Point 'Set' button when you are standing on your chosen spot on your Lot.
14 Can I raise or lower the land?
Yes by 4m only. Right click on the land and choose 'Edit Terrain'. Please bear in mind that The Pond administrators will not tolerate raising or lowering which may have an adverse effect on a neighbour, as is detailed in the conditions contained in The Pond Residential Rental Agreement and the General Terms for The Pond Residential Estate.
15 Can I add plants?
Yes. You may also use Linden Plants on the parcel which is normally only allowed to estate owners. You will find that Linden plants are the most prim efficient.
16 Can I change the name of the parcel?
No. We use the name to identify the lot, and track a range of things, so you must use the name given. However, you may change the Description, provided that is complies with Linden Labs Terms of Service.
17 I want to build on my land but it might take a long time?
Any building work that will take more than one week should be done on a sky platform above 400m to avoid any unsightly work in progress.
18 Can I run a business?
Yes you can but it will be monitored for any products that are deemed pornographic or infringe copyright, or are otherwise prohibited by The Pond Residential Rental Agreement and the General Terms for The Pond Residential Estate. Note particularly that the USA Digital Millennium Copyright At (DMCA 1998) forms part of the Linden Labs Terms of Service.
19 Can I incorporate brands around my Lot?
You must not do anything that will adversely affect the reputation or damage the Telstra or the BigPond brand or display obvious competitor brands on the Lots. This will be taken on a case-by-case basis and signs that are excessively animated or are unauthorised real world brands may be removed.
20 How many people can I have on my land at any time for parties or events?
If you plan to have more than 10 avatars on your parcel you must inform the Pond admin beforehand using IM and a descriptive Notecard. We also suggest that you use the notice system in the Pond Residents Group so everyone knows if there are likely to be lag inducing events coming up.
21 Can I build anything I want on the Pond?
No you must keep everything below a height of 24m and not display large advertorial messages. Also builds cannot extend over the parcel lines into neighbouring areas. Click View/Property Lines to see the extent of your parcel. Review The Pond Residential Rental Agreement and the General Terms for The Pond Residential Estate for more details on building.
22 Can I sublet my parcel?
No, the land is to be rented for you only and no one else can rent from you.
23 Can I have an alarm system on my land?
Yes, but it must give the intruder at least 20 seconds warning to get off the land.
24 Can I play any sounds on my land?
You have control over the media streams but spatialised sound (that which is played from your inventory) must be restricted to your plot.
25 What if I get into a serious dispute?
Any disagreements with neighbours must be documented and clearly state the nature of the dispute "neighbour built over my land and was offensive" etc: and chat captures and images should be sent in-world to Very Mulberry or ThreeD Raymaker who will put it into a dispute resolution system. If the dispute is unrelated to The Pond rental and Lot issues, consider using the Second Life dispute resolution system in preference.
26 What if I want to leave early do I get a refund?
No. Once you pay the rent for a Lot you won't be entitled to be reimbursed if you decide you no longer want that Lot. You will have use of your land to the end of the month for which you have paid.
27 What happens if I am evicted?
You will be allowed to come and collect your objects but they may be returned automatically if someone else rents immediately after you are evicted. If the Pond Administration has evicted you for a serious cause then you will receive no rental refund and you will not be allowed to rent land again.
28 Will the land be here forever?
Telstra BigPond may decide to close down The Pond islands at some point in the future and you will be given notice of such an event according to the conditions contained in The Pond Residential Rental Agreement and the General Terms for The Pond Residential Estate.
|
|
|
|
