Terms of Service for ACO Club, ACIR RADIO CLUB, American Communications
Online Broadcasting, Ascension Center Organization Branding Projects Social
TOS for Theresa J Morris, Websites, Brands, Developers, Independent
Contractors, Agents, Consultants, Organizers, Authors, Artists, Entrepreneurs.
Note: Theresa J Morris is the ACO Virtual Agent. Theresa J Morris is
Branding Cosmos Ambassador. Ascension Center Organization, American
Communications Online, ACE Folklife are all names used with Alien Contact
Organization and UFO Association Organization for educational entertainment and
gaming purposes, role playing games and affiliates, and as shared among
partners in all business transactions. Only Theresa J Morris is legally
responsible for the names and branding of the domains and websites controlled through
her choices and third-party hardware and software used by her as developer,
administrator, website manager.
These Terms of Service (the “Terms” or “Agreement”) are
a binding contract between you and Theresa J Morris Ministries dba TJ Morris
Publishing (“we” or “us” or “Timely Manor Books”)
regarding use of the site acoclub.app (the “Site”). There are two
general categories of Site users: readers and authors.
Terms of Service – Readers
Under these Terms,
1. You will be directed to the Site if you use an author’s Universal Link.
2. The Universal Link will take you to a page on the Site that provides a
list of online retailers for your books. You can then use the links provided on
that page to go to a separate website and purchase the author’s book. You can
also opt-in to allow us to automatically redirect from the Site to one of those
separate websites when available, using store preferences provided by you.
3. You can also opt-in to receive email notifications about new releases by
specific authors and, using store preferences provided by you, notifications if
those new releases are provided at your preferred stores.
Terms of Service – Authors
Under these Terms,
1. You may create a hyperlink to the Site (the “Universal Link”).
2. The Universal Link can be used by you on other websites and will
redirect internet users to a page on the Site that provides a list of online
retailers for your books.
3. Use and creation of the Universal Link are free of charge but are
subject to these Terms.
4. If you do not provide an affiliate code for book retailers when you
create your Universal Link, acoclub.app will use its own.
5. All authors provided ebook publishing services from acoclub.app will be
provided with a Universal Link free of charge but subject to these Terms. Use
of acoclub.app is subject to separate terms of service found here.
You, the author:
1. Are and will remain the owner of your books and all rights to them. ACOClub.app
has no claim to the copyrights or any other rights pertaining to your books and
is under no obligation to market or otherwise sell your books.
2. Are solely responsible for the content provided to users that use the
Universal Link. During creation of the Universal Link, you will be prompted to
provide a list of online retailers that sell your book. ACOClub.app may provide
you with potential options for such retailers that you will have the option to
verify. You are solely responsible for the accuracy of the information provided
by the Universal Link.
3. Can stop use of the Universal Link at any time.
The Overview is a summary of the Terms. The Terms themselves are a contract
between acoclub.app and you. Given the importance of these Terms, which
constitute a binding contract, we encourage you to study them carefully.
TERMS OF SERVICE
This Agreement is a binding agreement between us and the individual or
entity using the Site, which use includes generation and use of a Universal
Link. If the user is an entity, the individual person who accepts these Terms
represents and warrants that he or she is entitled to enter this Agreement as
an authorized representative of that entity and to bind such entity to these
1. Terms Acceptance. You accept this Agreement and agree to be bound
by its terms by either (a) clicking Accept where you’re given the option to do
so or (b) by using the Site, or any part of it. If you don’t accept the Terms,
you are not entitled to use the Site.
2. Changes to the Terms or Site. We reserve the right to change the
Site or these Terms at any time in our sole discretion. Changes to these Terms
will be effective 30 days after we post notice of such a change at the top of
the Terms. If you do not agree with any amendment, you are free to terminate
use of the Site.
3. Fees. We do not charge a fee for use of the Site. Users that generate
a Universal Link are responsible for providing any affiliate codes they may
have regarding a third-party vendor or bookstore. If no such affiliate code is
provided when a Universal Link is created, acoclub.app reserves the right to
use its affiliate code in connection with such a Universal Link.
4. Third Party Websites. Your use of any linked websites and/or
correspondence or business dealings with advertisers or third party vendors, or
participation in promotions of, advertisers or third party vendors found on or
through the Site, including payment and delivery of related goods or products,
and any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such third party. This includes
dealings among readers and authors. You agree that acoclub.app shall not be
responsible or liable for any loss or damage of any sort incurred as a result
of any such dealings or as the result of the presence of such advertisers or
links on the Site. We expressly disclaim any representations regarding the
content or accuracy of materials on any third-party websites and, because acoclub.app
has no control over such sites, you acknowledge and agree that acoclub.app is
not responsible for the availability of such external or co-branded sites, and
does not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites.
You are responsible for reviewing the privacy statements and policies of
other websites you choose to link to or from the Site, so that you can
understand how those websites collect, use and store your information. We are
not responsible for the privacy statements, policies or content of other
websites, including websites you link to or from our co-branded Site. Websites
containing co-branding (referencing our name and a third party’s name) contain
content delivered by the third party and not us.
5. Term and Termination.
a. These Terms will be binding upon your acceptance and until you cease use
of the Site.
b. We are entitled to terminate your ability to use the Site (including
de-activating any Universal Link) if you violate these Terms.
c. We may also cease providing the Site and/or Universal Links at any time.
6. User Accounts and Modifying a Universal Link. Some portions of
and/or content on the Site require that users create a user-specific account
access to which requires a user specific name and password. User accounts are
not required to generate a Universal Link, however, authors that generate a
Universal Link may only modify that Universal Link if they create a user
account. Any such modifications to the Universal Link will be limited to the
list of online retailers provided by use of the Universal Link. If you create a
useraccount, you: (i) must treat your user name and password confidential, and
should not disclose it to any other person or entity; (ii) acknowledge that
your account is personal to you (or your business) and agree not to provide any
third-person with access to the Site or portions of it using your user name, password
or other security information; (iii) agree to notify us immediately of any
unauthorized access to or use of your user name or password or any other breach
of security. We are not responsible for any damage or losses caused by
unauthorized use of your account. You, however, may be responsible to us for
any harm we incur due to unauthorized use of your account.
7. Modifying a Universal Link. Authors that generate a Universal Link
may only modify that Universal Link if they provide an email address during
Universal Link set-up, however, modifications to the Universal Link will be
limited to the list of online retailers provided by use of the Universal Link.
8. Errors. We are not responsible for any errors in the information
provided by the Site or through use of any Universal Link. It will be an
author’s sole responsibility to carefully examine the information to be
provided to readers through use of the Universal Link. It will be the reader’s
sole responsibility to verify the accuracy of the information provided by the
third-party sites to which they are redirected after using the Universal Link.
9. Children. We do not collect or maintain information from
anyone known to be under the age of 18. If we discover or are otherwise
notified that we have received any such information from a child in violation
of this policy, we will delete that information.
collect personally identifiable information that you provide, such as your
e-mail address. We may also collect non-personally identifiable demographic
information such as your zip code, age, interests or gender, or a combination
of the above information, as well as information about your computer hardware
and software, such as your IP address, browser type, domain name, access time
and referring website addresses, to, among other things, improve and analyze
the Site. We may also log IP addresses, or the location of your computer on the
Internet, for systems administration and troubleshooting purposes and to
A cookie is a data text file sent from a website to your browser. It may be
information from a cookie sent by the Site, not other websites. By tracking
usage, we can best determine the needs of our customers and advertisers. We
will not willingly share your personal information with companies outside our
organization except as described in these Terms. We do not give away, sell,
rent or lease users’ personally identifiable information to any merchant,
advertiser or web publisher. Non-personally identifiable user information (such
as usage pattern, browser type and your computer) may be shared with third
party businesses or advertisers with which we have a business or contractual
relationship. We may disclose aggregated user statistics to potential
advertisers, other third parties, our affiliate companies, and for other lawful
purposes. You may receive communications from us related to products and
services that might interest you if you opt-in for such communications. You will
always be able to opt-out from receiving these communications by choosing to do
so via a link or by contacting us. We reserve the right to disclose personal
information when needed to comply with the law or a legal process, cooperate
with investigations of purported unlawful activities, to identify persons
violating the law, in connection with the sale of part or all of our or our
affiliates’ assets, or to enforce this Agreement.
11. Notice of Privacy Rights to California Residents. California law
requires that we provide you with a summary of your privacy rights under the
California Online Privacy Protection Act (the “Act”) and the
California Business and Professions Code. As required by the Act, we will
provide you with the categories of personally identifiable information that we
collect through this website and the categories of third party persons or
entities with whom such personally identifiable information may be shared for
direct marketing purposes at your request. California law requires us to inform
you, at your request, (1) the categories of personally identifiable information
we collect and what third parties we share that information with; (2) the names
and addresses of those third parties; and (3) examples of the products marketed
by those companies. The Act further requires us to allow you to control who we
can and cannot share that information with. To obtain this information, please
send a request by email or standard mail to the address found below. When
contacting us, please indicate your name, address, email address, and what
personally identifiable information you do not want us to share with third
parties. The request should be sent to the attention of our legal department
and labeled “California Customer Choice Notice.” Please allow at
least thirty (30) days for a response. Also, please note that there is no
charge for controlling the sharing of your personally identifiable information
or requesting this notice. FYI
12. Property Rights. We own the Site and all intellectual property
related to the Site. All content, organization, graphics, design, compilation,
products and product designs, and other matters related to or included on the
Site are protected under applicable copyright, trademark, or other proprietary
rights and owned by us, including, without limitation, our name and logos and
slogans and the names and logos of our products, such as TIMELY MANOR BOOKS,
ACO CLUB, and you must not use the foregoing without our prior written
permission. We do not own author content advertised on the Site or any rights
to any third-party logos, product and service names, designs and slogans referred
to on the Site. All other names, logos, product and service names, designs and
slogans on this Site are the trademarks of their respective owners. If you
believe that your work has been copied on the Site in a way that constitutes
copyright infringement or otherwise violates your intellectual property rights,
please contact us by clicking on “Contact” and provide us with
the following: (i) identification of what is claimed to have been infringed;
(ii) identification of what is claimed to be infringing; (iii) your contact
information (or the contact information of the person we need to contact about
the infringement); (iv) a statement that the person submitting the complaint is
doing so with a good faith belief that use of the material in the manner
complained of is not authorized by the owner, its agent, or the law; (v) a
statement that the information provided is accurate, and under penalty of
perjury; (vi) a physical or electronic signature of the person submitting the
complaint; and (vii) if that person is not the owner of the content at issue, a
statement that the person submitting the complaint is authorized to act on the
13. Representations, Warranties and Indemnities. You represent and
warrant that: (a) you have the full right, power and authority to enter into
and fully perform this Agreement and will comply with this Agreement; (b) any
and all information you provide to us, the Site or through the Universal Link
will be factually accurate and not misleading; (c) neither the exercise of the
rights authorized under these Terms nor any materials embodied in the content
nor its distribution as authorized in these Terms will violate or infringe upon
the intellectual property, proprietary or other rights of any person or entity,
including, without limitation, contractual rights, copyrights, trademarks,
common law rights, rights of publicity, or privacy, or moral rights, or contain
defamatory material or violate any laws or regulations of any jurisdiction; and
(d) you will not upload, post, submit, email, transmit, or otherwise make
available through the Site or any Universal Link anything that: (i) contains
falsehoods or misrepresentations that could damage ACOClub.appl or any third
party; (ii) is unlawful, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or
encourage conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or are otherwise inappropriate; (iii)
disseminates or transmits any worms, viruses or other harmful, disruptive or
destructive files, code or programs; (iv) impersonates another person; (v)
violates the rights of third parties; (vi) you do not have a right to make
available under any law or under contractual or fiduciary relationships; or
(vii) otherwise violate these Terms.
a. To the fullest extent permitted by applicable law, you will indemnify,
defend and hold ACOClub.app, its officers, directors, employees, affiliates,
subcontractors and assigns harmless from and against any loss, claim,
liability, damage, action or cause of action (including reasonable attorneys’
fees) that arises from any breach of your representations, warranties or
obligations set forth in these Terms. We will be entitled, at our expense, to
participate in the defense and settlement of the claim or action with counsel
of our own choosing.
b. Nothing herein is intended to grant you any license or other rights to
any intellectual property or technology owned or operated by Theresa J Thurmond
Morris, Theresa J Morris Ministries, American Communications Online, ACIR Radio,
American Communications Online including, without limitation, any trademarks or
trade names. Nothing in these Terms restricts any rights we may have under
applicable law or a separate permission.
14. Limitation of Liability. THE SITE AND ANY AND ALL PRODUCTS OR
SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND.
DRAFT2DIGITAL, TOGETHER WITH ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR
DIRECTORS (THE “RELEASED PARTIES”) SPECIFICALLY DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND
WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE,
USAGE OR TRADE PRACTICE REGARDING THE SITE AND ANY AND ALL PRODUCTS OR SERVICES
MADE AVAILABLE THROUGH THE SITE. THE RELEASED PARTIES MAKE NO REPRESENTATION OR
WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE PROVISION OF
THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (iii) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE USE OF THE SITE; OR (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED.
THE ENTIRE RISK FOR USE OF THE SITE IS BORNE BY YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITE OR PRODUCTS PURCHASED
FROM USE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF
THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE)
UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL ANY OF THE RELEASED PARTIES’
LIABILITY FOR A CLAIM ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY AND
ALL PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE EXCEED THE AGGREGATE
AMOUNT OF $10.00. Some jurisdictions do not allow limitations on liability or
disclaimer of implied warranties, so all or a portion of the foregoing may not
apply to you. In this case, ACOClub’s liability and the effect and/or duration
of any implied warranty is limited to the minimum permissible under applicable
15. General Legal Provisions.
a. This Agreement may not be amended, except in writing signed by both
parties and as provided in Paragraph 2 – Amendments to the Terms – above.
b. If any provision of this Agreement is held invalid by a court with
jurisdiction over the parties to this Agreement, that provision will be deemed
to be restated to reflect as nearly as possible the original intentions of the
parties in accordance with applicable law, and the remainder of this Agreement
will remain in full force and effect.
c. The parties to this Agreement are independent contractors. Each party
will bear its own costs and expenses in performing this Agreement.
d. The failure of either party to enforce any provision of this Agreement
will not constitute a waiver of the party’s rights to subsequently enforce the
g. THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA
WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. YOU HEREBY IRREVOCABLY
CONSENT TO AND WAIVE ANY OBJECTION TO THE EXCLUSIVE JURISDICTION AND VENUE OF
THE FEDERAL AND STATE COURTS LOCATED AT SANTA ROSA COUNTY, FLORIDA WITH RESPECT TO ANY CLAIMS,
SUITS OR PROCEEDINGS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE
TRANSACTIONS CONTEMPLATED HEREBY.
h. This Agreement constitutes the entire agreement between the parties with
respect to its subject matter, supersedes any and all prior or contemporaneous
agreements between the parties with respect to its subject matter, and does not
confer upon any other person other than the parties any rights or remedies.
i. You consent to the use of electronic means to complete this Agreement
and to provide you with any notices we give you in relation to this Agreement.
To be effective, any notice given by a party under this Agreement must be in
writing and delivered (i) if by Theresa J Morris, ACO Club deliver to you, via email sent to the email address
you have provided to us, via certified mail, return receipt requested, to the
physical address you have provided to us, via a posting on the Program website
or via a message through your Program account, or (ii) if by you to ACO Club or
TJ Morris or American Communications Online, or Theresa J Morris, via email
sent to or via certified mail, return receipt requested, to Theresa J Morris,
TJ Morris Agency, American Communications Online, 3406 Green Briar Court, Apt.
A, Gulf Breeze, FL 32563.
EMAILS USED as COMPANY and with MICROSOFT, GOOGLE, AMAZON, and all business
transacted for the original brands supported by Theresa J Morris and the ACO –
ACIR – Community, ACO CLUB is the short name for the Ascension Center
Organization which brand is solely owned by Theresa J Morris. ACO Club and
BRAND for ACO and ACE Folklife is owned by Theresa J Morris. ACO Professional
Association is a Branding Community for Entrepreneurs. Both hobby associations
and professional associations are supported by TJ Morris ET Radio, ACIR Radio,
and ACO Club. Theresa J Morris is the Director/CEO of ACO CLUB.
Notices will be effective and deemed received on the date transmitted or
posted unless sent via certified mail, in which case they shall be effective on
the date delivered or tendered for delivery.
10-15- 20 1,2, 3 per Independent Contractors Signed Agreement.
1 – Subscriber – Must have 3 books.
2 – Affiliate – Must have Domain Name, Website, and Hosting with our PRO ACCOUNT.
3- Independent Contractor – Sales Agreement percentage -Our fee
at most digital stores is
approximately 10% of the retail price (it’s technically 15% of the net royalties).