an amoeba-like shape stretches across the page

Issue 5

fiction

Terms and Conditions of Services Manifest

written by Jerald Lim

art by Yanki Kung

Terms and Conditions of Services Manifest

EFFECTIVE FROM: Sunrise

ESTIMATED READING TIME: From rock to pebble

We are glad that “you” are here for review once more. As always, please take the necessary breaths and lifetimes to leaf through the document in its entirety, especially where it mostly resides off the precipice of language.

Introduction to the Terms and Conditions of Services Manifest

The “Terms and Conditions of Services Manifest” (henceforth the “TCSM” (generally not be interchanged with “The Companion Species Manifesto,” with which it may or may not share a common designation and other likeness of, except in one of several instances of overlap) or the “Terms”) is an agreement between “you” and “your” Kin (irregardless of, at present, dualistic relationality, classification (or declassification), affiliation (or disaffiliation), embodiment (or disembodiment) that may impose individualizing obfuscations such as “human”/“nature,” “native”/“invasive,” “alive”/“inanimate,” “urban”/“rural,” “subject”/“object,” “conscious”/“conditioned,” “terms”/“obligations,” “I”/“you,” and so on) that governs “your” relationships with “them” and any ensuing and enfolded products, services, software, hardware, cyborgian confabulations of any kind(s).

It is understandable that “you” may have questions about the “Terms.” “You” may refer to the FAQ section which provides more information (alternatively, engaging with Kin directly with respect and kindness may provide more clarity.)

Besides these “Terms,” there is also a published Misclaimed-Classification-Mode(l) (known as “M-C-M’”) covering “ownership” and privacy policies. Although it’s not part of these terms, “you” are encouraged to read it to better understand how to protect “yourself” against the selling of “your” person or the persons of “your” Kin, and ensure “your” safety, integrity, and security remain uncompromised.

While it may be tempting to skip these “Terms,” it’s important to establish what “you” owe to Kin as “you” depend on and relate to our services.

Eligibility and Scope of the “Terms”

The TCSM contains binding arbitration (which is established as the only recognized form of consent gathering) and non-binding legal stand-ins (should they proliferate in divergence from the Terms) that apply to all residents. “You” agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury, except in small claims court. Please see Section 14 for details.

IF “YOU” LIVE IN (OR “YOUR” PRINCIPAL PLACE OF BUSINESS IS IN) THE PLACE KNOWN AS EARTH OR GAIA OR TELLUS OR SOL III OR MOTHER OR GROUND BALL OR THE LAND OR SOIL “YOU” ARE CONSIDERED A “RESIDENT” FOR THE PURPOSES OF TCSM. PLEASE READ THE BINDING ARBITRATION CLAUSE AND NON-LEGAL STAND-INS IN SECTION 44. IT AFFECTS HOW DISPUTES ARE RESOLVED.

By Land, “you” have certain relations (that depend on observing, including, and celebrating the rights of Kin past, present, and future.) Any “laws” are in no circumstances to obscure, alter, override, and/or ignore these relations.

The TCSM reflects the way consent, relationality, and kinship work, the obligations that apply to Kin of all individuated foreclosures, and certain things we’ve always believed to be true. As a result, these Terms help to re(-)member and re(-)mediate relationships between Kin as “you” interact with our services.

Understanding these Terms is important because, by accessing or using our services, “you” are agreeing to these terms.

The Terms

We (henceforth to be phased into the “Terms” in order to re(-)present incomplete senses of self, to replace the following indicators to invoke greater clarity at cost of precision: “I,” “you,” “they”) remain indivisible in both body and language. While myriad boundaries are evoked for narrative and relationality at each of the different scales our constituents form, there is no real separation between formed characters (bags of skin, family, “species,” life (in its foreclosed definitions), galaxies, electron clouds, microbial clouds, and so on) in both the longitudinal and latitudinal scope of the TCSM. (See Exhibits A and B below for further elaboration.)

All services to render and be rendered with are rooted in love and care. Any services stemming from different intentions reside outside the scope and spirit of the TCSM. Care requires attention and patience while love requires curiosity, and hearts open to breaking and mending. Matter can never come to not matter, and recall that there is no division of any sort between the “material” and “immaterial” (language matters, and so do love and care.)

The “Terms” apply to parents, guardians, and children, all of which we are and all of which we should all embody, at all times.

We are the manifestation of our terms, and any rights, responsibilities, obligations, and other myths of relationality are to be incubated, pruned, and stewarded with love and care, in ongoing practice.

Exhibit A

For instance, should we find ourselves at a meeting of the “human” and a “tree,” both ensheathed in Linnean uniform, please be incoherently, and inaccurately, clear. At the plane of our feet and bark, please do not mistake the parceled out designations of “I,” “you,” “they,” and “it” as anything more than names of convenience (and perhaps at times, of endearment). The self and the body and the “Terms” remain an intact whole.

Exhibit B

To further clarify, place our attention where water meets land. That is, in the vast shifting expense of in-between, in wet sand, in mangrove mazes, in mud, in plastic bottles emancipated into ocean, in veins and arteries, in where drops of rain and light reorganize around the teeth of leaves into hanging dew held by cool shadow. Our attention alone is enough practice of the TCSM. For diligent attention cannot help but resolve into curiosity, then care.

Updates or Changes to these Terms

These “Terms” do not change at any time, and ensuing perturbation(s) and imbalance(s) should be deemed notice of failure(s) to observe them. We will be notified of continued failure to do so via intensification of rebalancing forces of greater frequency and intensity that may result in discomfort, pain, hollowness, and so forth. For more information, see Section 430 for a substantial but nonexhaustive list of violence, alienations, and consequences. The “Terms” are therefore effective as long as Kin can belong to Kin outside or despite of (a) construct(s) of ownership, and avoidance of the end of the “Terms” is highly encouraged.

While diversions from the “Terms” may and have occurred, rejection (i.e. non-acceptance or “opting-out”) of the “Terms” is not only discouraged but technically not possible as “Services” provisioned are necessary to the continued survivance and subsistence of us (henceforth to re-present incomplete senses of self to still be included for greater precision at cost of clarity: “I,” “you,” “they.”)

Acceptance of the Terms

Please be reminded that we cannot decline these terms, but we choose the attention and willingness with which to uphold our obligations.


headshot of Jerald Lim

Author

Jerald Lim

Jerald Lim is a multimedia poet and conceptual artist exploring the intersections of language, ecology, and care, and a recent MS Environmental Humanities graduate from the University of Utah. Drawing from posthumanism, daoism, and computational poetics, their practice works to destabilize dualistic hierarchies along the human/nature divide, and incites audiences to (re)member/mediate more-than-human beings as having their own personhood and agency. Their recent year-long phygital art collaboration with artists Isa Pengsagun and Zhai Qiutong, 'found library', in Singapore, facilitated public engagement with found objects as artistic collaborators.