DECLARATION OF FORMATION
Of the founding of the:
FREE DIGITAL UNIVERSITY
AN UNINCORPORATED PRIVATE CONTRACT ASSOCIATION, Created in the jurisdiction of the FREE DIGITAL UNIVERSE, a Ministry Auxiliary of the LIGHT OF LIFE SOCIETY Information Age Ministry.
Date: Mayan Calendar: Red Solar Wizard, Crystal Moon of Cooperation,
Year of the White Lunar Wizard, Kin 113: Tone 9
[Tenth Day of the Sixth Month Two-Thousand Eight]
CHARTER AND DECLARATION FOR AN UNINCORPORATED PRIVATE ASSOCIATIONEXECUTED IN ACCORDANCE WITH THE PRINCIPLES OF UNIVERSAL CONTRACT LAW
PREAMBLE
This Charter and Declaration of an Unincorporated Private Association, known as the “FREE DIGITAL UNIVERSITY STEWARDS ASSOCIATION,” hereinafter “FDUSA
,” is made this date: Mayan Calendar: Red Solar Wizard, under the Crystal Moon of Cooperation, in the Year of the White Lunar Wizard, Kin 113: Tone 9 [Tenth Day of the Sixth Month Two-Thousand Eight] by and between the living, sentient being known as “Minister Paul Roy,” functioning as Dean of FDUSA domiciled in venue and jurisdiction of private contract executed within the universal, eternal spiritual essence of the Universal Source of All-That-Is, and the living, sentient being Kevin Kerber, functioning as the Senior Creative Steward, hereinafter jointly referenced as “Stewards.”
SECTION ONE
Purpose
FDUSA, a private association, is defined and founded by this Charter and Declaration and organized by the Stewards for purposes that include, but are not necessarily limited to, such educational, humanitarian, and beneficent purposes as:
A) Furthering the spiritual evolution of mankind by creating and making freely available to all an unencumbered forum for each participant to enjoy maximum liberation and actualization of the innate nature of every man and woman for personal and spiritual growth, enlightenment, development, and fulfillment, in whatever terms and ways may pertain in the unique perspective of each.
B) Furthering the upliftment and wellbeing of all people throughout the world and the betterment of life on planet Earth.
C) Making available a new, independent, unencumbered, private, and virtual realm wherein and through which anyone who enters and participates therein, i.e., a “Player,” may co-create with other Players to exchange ideas, cultures, goods, and services, in a forum whereby each Player is expressly deemed a sovereign, autonomous, free-will being with unlimited capacity to interact with other Players in exclusively win/win ways so each Player may be enriched in the unique, subjective terms of each Player.
D) Acting as a public outreach educational forum for a new, heretofore non-existent, free, virtual universe, accessible and recognizable in cyberspace, i.e., FREE DIGITAL UNIVERSE (hereinafter FDU), wherein and through which anyone on the planet may participate in playing any of the particular cyber-games of FDU as may be created, established, and proclaimed, including but not necessarily limited to, The FREE DIGITAL UNIVERSITY GAME as described in the First Minute forth hereunder.
SECTION TWO
Appointment and Powers of Members of the Board of Advisors
A) The above-mentioned Stewards, upon mutual agreement, may appoint other Board Members who shall be known as “Advisors,” and who may act in conjunction with the Steward. Collectively, all the Advisors shall be known as the Board of Stewards and may deal with any matter regarding FDUSA.
B) The Advisors shall have and possess only such authority as provided in this Indenture.
C) The duly appointed Advisors hereby accept the provisions of this contract, together with all related documents. The Advisors must conserve and minister in accordance with the Tenets and Principles of FDU in accordance with the best of the Advisors’ abilities in good faith strictly in conformity with the provisions, spirit, and intent hereof.
D) Advisors may be appointed by the Stewards for any reason the Stewards regard as beneficial for FDUSA. The duly appointed Advisors, together with those designated in advance for the purpose of filling future vacancies:
1. Shall hold office and collectively enjoy the absolute and exclusive management, power, and control of the of FDU policy, programming, and maintenance in accordance with the parameters as specified herein;
2. Any Advisor may resign, both with and without notice, and also may be removed from office by a Resolution of at least two-thirds (2/3) vote of the Board of Advisors, whenever in the opinion of said majority such offending Advisor shall have been deemed culpable of such acts that are repugnant to the tenets and precepts of FDU;
3. In the event of any vacancy, increase in number, death of an Advisor, removal from the Board, resignation, and the like, the remaining Advisors may appoint a successor (and all newly appointed Advisors) by consent of the Stewards and unanimous concurrence of the Advisors.
E) The Digital acknowledgment of acceptance of the office of the Board of Advisors by a Steward constitutes investiture as such.
F) By Resolution, the Stewards and Advisors may provide for regular FDUSA Board meetings at stated intervals without notice. The Stewards may call special meetings at any time upon three (3) days prior written notice mailed or delivered to the Advisors at a meeting or by their approval of the Minutes of such meeting. At all meetings, both regular and special, a majority of the Board of Advisors is regarded as constituting a quorum for the conduct of business. Affirmative action may be undertaken only upon a majority vote of all votes held by the Board of Advisors acting, whether present or absent, except that at special meetings called for a stated purpose a majority of these votes held by the Board of Advisors actually present may affirmatively act regarding said stated purpose. Proxies are allowed.
G) The powers of the Board are absolute, exclusive, unlimited, and permit acting in any manner that is does not cause others harm and does not impair anyone’s unalienable or contractual rights under this agreement. All of said powers may be delegated at the sole discretion of the Stewards. FDUSA is a worldwide association, and people of any nationality may become Members or appointed Advisors.
H) Resolutions of the Board of Advisors authorizing the undertaking of a project constitute evidence that such project is within the Board’s power.
I) All private funds constituting the private currency of FDU, received by FDUSA Board for purposes of maintaining FDUSA jurisdiction, shall be managed and used at the sole discretion of the Board, as provided by this Declaration and recorded in the minutes of FDUSA.
J) No public funds may received in the name of FDUSA, individual actions of FDU Members shall be managed by and used at the sole discretion of the individual. The FDUSA neither interacts with the public forum nor deals in public funds; FDUSA operates exclusively within the peculiar private forum of FDU, under the jurisdiction of the Light of Life Society Information Age Ministry. The law and operational parameters are governed exclusively by the private contract between the Members of the Board of Advisors of FDUSA and the officers of the organization dealing for FDUSA.
K) All Advisors shall all serve without posting any security, such as fidelity bonds.
L) The Advisors shall regard this instrument, and their own best judgments, as their guide, which may be supplemented upon occasion by the By-laws, Regulations, and resolutions of the Board for the purpose of covering contingencies that may arise and which shall be recorded in the Minutes of FDUSA.
M) The Advisors may fix and pay reasonable compensation, the consideration to be the private currency of FDU, “
The Life-Force Point” to any contracted DigitalPerson/Avatar at the discretion of the Advisors, and the Board of Advisors may pay Advisors reasonable compensation for services performed as Advisors only in the form of the private currency of FDU.
N) The Advisors may appoint from among their number Executive Advisors and Managing Advisors, who shall be given such power and authority as the Minutes of FDU may delegate and prescribe.
O) The Advisors shall, in their capacity as Advisors and NOT individually, have and assume only such liability as is defined by this Indenture. This fiduciary liability shall neither jeopardize nor affect the individual performance of the parties. The Advisors shall be reimbursed and exonerated for any losses occasioned by the Advisors while serving as such.
P) The Advisors may, at any meeting, appoint any number of Successor Advisors for acting in the event of the death, incapacity, and the like, of an Advisor.
SECTION THREE
Nature and Character of FDU
A) It is expressly declared that FDU is not any form of public entity, such as a public corporation, for-profit business partnership, company, estate, joint stock company, trust, or other legal person in the public forum, and is hereby created as a separate, lawful, spiritual, non-profit, and
private venue. No Advisor may lawfully possess any interest of FDU, nor may said Advisor be personally liable for anything other than the Advisor’s own personal liabilities.
B) The terminology used in this Indenture and its supporting documents is used solely for clarification of the various usages for FDUSA Board Members under universal contract law by and between free, spiritually autonomous, sentient beings whose lives and rights derive from the Universal Source of all life and the unique Covenant of each party with the Creator.
SECTION FOUR
Name, Domicil, and Offices
The Steward and Advisors are collectively designated as the Board of Stewards of FDUSA, in which name the Steward and Advisors may execute complete control over FDU jurisdiction. The principal domicil and place of FDU is within a cyber-space in the spiritual jurisdiction
, a foreign and non-physical and spiritual realm.
SECTION FIVE
Venue and Jurisdiction
Neither the Steward, nor any Advisor, nor any Member, of FDU gives consent to be governed or subject to, and is regarded under the Laws of the Creator as expressly immune from, any claim of jurisdiction other than the jurisdiction of truth founded on the mutual good faith and full disclosure of all involved parties, universal contract law, and the Private Law as defined, interpreted, and adjudicated by FDU Board. Venue and jurisdiction for complaints against the FDUSA is in the Tribunal of FDU, and all hearings, proceedings, and trials must be recorded in the records of FDU Tribunal. All other courts of any jurisdiction must accept the decisions of the Judicatories of FDU Tribunal as final and binding on all involved parties. If matters governing the affairs of this peculiar unincorporated private association are inconsistent on the same subject with the provisions of any other jurisdiction, the spiritual principles as a matter of conscience must prevail, inasmuch as all rights and powers of the peculiar Members of FDUSA inhere in and derive from existence, life, and the Creator thereof. The eternal Covenant of the Undersigned with the Creator remains paramount in all matters so long as said eternal Covenant does not purport to violate the terms and conditions of any operational covenant or pre-existing contract.
By the authority of the eternal Covenant between each peculiar member of FDUSA and the uncreated, eternal Source of each, within FDU all members must abstain from all involvement with, use of, and presumption of obligation for using, other documents and instruments, and all identifying or commercial tracking numbers and contractual relationships connected therewith, issued by any other parties, such as by an organization, agency, government, entity, corporation sole, corporation aggregate, and the like.
In addition, all Stewards of FDUSA possess authority for creating, preserving, maintaining inviolable, and providing full and unalloyed access for all who seek membership within FDUSA, under the exclusive venue and jurisdiction of the Private Law forum of FDU. Said protection and immunity secures inviolate all rights regarding privacy, security, and safety of the person, possessions, papers, and effects against intrusion of any kind from any source.
SECTION SIX
Authority and Capacity
Authority for establishing FDUSA derives exclusively from the absolute, inherent, unalienable right of the Undersigned Stewards, and of each peculiar Member of FDUSA, acting in and through the unalienable right of each particular living being to life, being, conscience, consciousness and right to contract of the Undersigned and each Member of FDUSA in accordance with the eternal Covenant of each with the immortal, uncreated Source of Life. All Members of FDUSA owe unalienable allegiance and are bound by conviction, conscience, and commitment to the Covenant of said Member with the Creator. No Member of FDUSA may be compelled under any circumstances, nor for any reason, to abrogate the terms of said binding, absolute, inviolable Covenant or the free choices made in accordance therewith. No third party, whether a natural being or any artificial person—such as a government, corporation sole, corporation aggregate, or any legal persons of any kind whatsoever—possesses ethical or lawful authority for interfering in the relationship between any Member of FDUSA and the Creator that is signified by this Declaration, in accord with the prohibition against impairing the obligation of contracts. The Undersigned and each Member of FDUSA recognize that every man and woman is a spiritually autonomous unit of free will, sovereignty, self-responsibility, and self-government, and in such capacity may live in accordance with any covenant that such autonomous being proclaims as established with any party, being, entity, government, legal person, and the like. The sovereign authority and capacity of the Undersigned and each Member of FDUSA for affirming the existence and establishment of this association is inviolate and must not be abrogated in any manner by anyone, whether on the basis of unilateral action, presumption, consensus, decree, or otherwise.
SECTION SEVEN
Non-Liability of Members of the Board
The Members of the Board of Stewards may not under any circumstances be held liable for liabilities of this Private Association.
All actions, claims, and suits MUST be adjudicated in the Tribunals of FDU as set forth in this Declaration.SECTION EIGHT
Assets
All hereditaments and possessions of FDUSA Members are the property of the Creator and are held in trust and stewardship in private capacity by the Steward for the perpetual use, purpose, benefit, behest, and behoof of FDUSA Congregants.
SECTION NINE
Distributions
A) The Board of Advisors may set aside any “Life-Force Points” deemed appropriate for compensating Digital Soules for expenses incurred in maintaining this Private Association.
B) Since this Private Association is worldwide in scope, the Board of Stewards may set aside such funds (exclusively Life-Force Points) for providing spiritual and humanitarian benefit as the Board may decide.
SECTION TEN
Execution of Contracts
The Stewards possess exclusive authority for executing all agreements.
SECTION ELEVEN
Succession
By execution of this Indenture the undersigned Stewards, and every Successor in Office by the same Title, do hereby create and establish this unincorporated, private association with continuous perpetual succession.
In accordance with the disciplines of FDUSA, any vacancy occurring in the incumbency of FDUSA must be filled through an appointment by majority vote of the remaining Advisors. Every Successive Holder of Office allows for perpetuity of the office of Dean of Stewards of FDUSA.
SECTION TWELVE
Granting
The Board of Stewards may upon occasion authorize an organization to be named to receive a portion of the accumulated Life-Force Points of the Private Association as a Humanitarian Grant under direction and auspices of the
FDUSACGC.
SECTION THIRTEEN
Covenants
The FDUSA, the unincorporated Private Association, establishes for this Association a Covenant of Silence, which Covenant is between the Holder of Office and the peculiar Members dealing in any relationship, document, or matter involved in the relationship between the parties and is considered private and consecrated. The Stewards and all Advisors affirm acceptance of the Covenant of Silence in perpetuity.
SECTION FOURTEEN
Termination
Upon the termination of this Private Association for any cause, the Board of Stewards may liquidate the Life-Force Points by donating them to a qualified FDU Soule Family (see FDU Charities) under direction of the Peace Portal Humanitarian Trust, for such amounts and upon such terms as the Board deems prudent. After discharging all proper lawful obligations, the Board shall distribute in favor of such beings, organizations, existing with the FDU Jurisdiction, and causes that the Board of Stewards deems compatible with the principles, purposes, and goals of FDUSA. For these purposes, the Stewards shall continue acting until such duties have been fully performed, whereupon this Private Association shall be finally dissolved.
SECTION FIFTEEN
Interpretation, Disputes and Claims
A) Regarding any question concerning interpretation and construction of this Indenture and Declaration of Private Association, including all supporting documents, the Board retains exclusive authority for construing this instrument in accordance with its good-faith construction. Said construction, as stated in the Minutes, shall be final, conclusive, and binding on this Private Association, as well as all other people, persons, and entities dealing herewith.
B) Neither this Indenture nor its supporting documents may in any manner be deemed as constituting any kind of PUBLIC corporation, profitable business, partnership, statutory trust, estate, company, public entity, nor any kind of statutory entity. This Charter is intended as being an Indenture creating a PRIVATE Spiritual Association. All interpretations shall be under the Laws of the Creator as interpreted and adjudicated by the Tribunals of FDU.
SECTION SIXTEEN
Savings Clause
If any provision of this Declaration of Private Association is deemed invalid by competent authority for any reason under particular circumstances, the remaining provisions shall nevertheless stand and remain in full force and effect.
Executed by private contract within the spiritual jurisdiction of each of the founding Stewards:
_______________________________ Minister Paul Roy, of AbbaYah Ministries
Dean of Steward’s
_______________________________ Minister Kevin Kerber, of Light of Life Society
Senior Creative Steward
FIRST MINUTES of FDUSA
1. The Stewards of this Declaration of Private Association,
Minister Paul Roy, Dean of Stewards, and
Minister Kevin Kerber, Senior Creative Steward, hereby utilize their Digital Soules as representations of their Bio-Spiritual Sovereign Self, as a sovereign Digital Transmitting Utility within this co-creative cyber-realm, do declare that this Declaration is in full force and effect upon Digital signature of each, as above, and as hereunder, thereby solemnly agreeing to mutual honesty in all matters. The Stewards jointly and severally agree not to engage in any activity adverse to the principles and intent of this Private Association as set forth herein in accordance with the conscience and best judgment of each.
2. The Stewards also herewith create, establish, and make known the formation and existence of the nature of the accounts available through FDUSA to the Members/Users via the attainment of a new virtual identity, referenced as a “Soule,” which can interact with any and all other Soules in FDUSA, and FDU, in accordance with such precepts, principles, and understandings of universal contract law as:
1) Every Soule is a separate, unique, free, unencumbered and unentangled virtual entity owned and managed exclusively by a specific, particular, living being with free will, each of whom is entirely self-determining and self-responsible.
2) All interactions between Soules are on a mutually voluntary basis in which all parties gain, i.e., win/win involvements through and in accordance with all parties regard themselves as enriched in accordance with the unique subjective values and perspectives of each.
3) The characteristics and parameters of universal contract prevail in purity and entirety in all interchanges and interactions between Soules, and include such principles as:
a. A “contract” is and agreement between two or more autonomous beings wherein and whereby each agrees to do, provide, or refrain from doing specified things that are mutually understood and agreed to by all parties to the contract;
b. To be regarded as bona fide, a contract must involve a genuine meeting of the minds, full and open disclosure, and good faith by all involved parties and free of:
1) Fraud; 2) Duress; 3) Malice; 4)Undue influence; 5) Mistake.
c. All parties must provide and be provided with defined, mutually understood valuable consideration;
d. A contract may specify the means whereby disputes between parties to the contract may be resolved.
4) Every Soule has the unalienable right to act in ways that best foster and uphold the respective values that each may hold, restricted only by conscience and absence of interfering with or trespassing against the similar unalienable rights of others.
5) All who wish to enter into this Private Association and voluntarily acquire a Soule for the purpose of productively interacting with other Soules shall agree to fulfill the terms and conditions of this Covenant to the best of the capability of each.It is to be expressly understood that the features, players, activities, contracts, and involved organizations as may constitute and join The FDUSA Game shall be described in documents executed subsequent hereto, and shall be deemed extensions, enhancements, and addenda hereof.
Date: Red Solar Wizard, under the Crystal Moon of Cooperation, in the Year of the White Lunar Wizard, Kin 113: Tone 9
Minister Paul RoyDean of Stewards
TopangaCreekSenior Creative Steward
Witnessed and attested to:
Witness One: FDU_Soule and Witness Two: Alignedart
Date: Red Solar Wizard, under the Crystal Moon of Cooperation, in the Year of the White Lunar Wizard, Kin 113: Tone 9