Terms of Use

1. What is The Fragile Sea?

The Fragile Sea is an online content provider, email newsletter publisher, and content creator, focusing on deep research, deep thought, and human connections. It is intended as a platform and vehicle to raise issues and tease out connections across a wide range of subject matter of interest, which, it is hoped, the reader will find provocative, attractive, engaging, interesting, and valuable.

The Fragile Sea is identified herein by “The Fragile Sea”, “TFS”, “Author,” “I”, “we,” or “us”.

Our users and site visitors are identified as "customer", "you", "subscriber", or "visitor", in context.

2. What does The Fragile Sea provide?

The Fragile Sea provides free and paid access to online content on its website, and subscriptions, including a Bi-Weekly Newsletter (TFS xxx) Research Notes (RN xxx), Briefing Notes (BN xxx), Faction (non-fiction written as comedic fiction), graphics, audio, video, and other content (collectively hereinafter “information”) as an information and entertainment service (hereinafter “service”). Some of these services will be in summary form for free subscribers and available in full to paid subscribers.

The Fragile Sea will also provide online meetings in a ‘learned society’ mode, open to all with certain conditions, events, and a research service.

3. We may not respond promptly

It is hoped that we can build this service to a free and paid subscriber base whereupon the principal author, Brent Smith, can undertake it full time. Until that point in time, we sincerely apologise in advance if we are unable to get back to you in a timely manner, or if communications are limited, or slow for any reason, and we ask in advance for your understanding and consideration in the early months as the service gets off the ground.

4. We do not provide a journalistic service but observe journalism best practise

4.1 The Fragile Sea does not claim to provide a journalistic service, however we strive to be conscientious, accurate, truthful, and engaging, in creating content with the stated aim of teasing out human connections within a wide range of subject areas, views, and discourse, while observing independent journalism best practice.

4.2 In this regard, the following references (amongst others) are noted

[1] S. Harrison, M. Hanna, and L. C. J. McNae, McNae’s essential law for journalists, Twenty-Sixth edition. [1]

[2] G. Foreman, D. R. Biddle, E. Lounsberry, and R. G. Jones, The ethical journalist: making responsible decisions in the digital age, Third edition. [2]

[3] Press Council of Ireland and Office of the Press Ombudsman Code of Practise. [3]

[4] The International Federation of Journalists Global Charter of Ethics for Journalists. [4]

[5] Various style and grammatical guides.

5. Referencing other creators

We note the work of other content providers, authors, and sources, under ethical guidelines and established precedent, for the purposes of review and for providing our own analyses of disparate and/or comparative views, and for limited educational purposes only. We acknowledge other creators and point to the locations (references) where their work can be found, while drawing our own connections and inferences.

6. Copyright

6.1 Textual content

All textual content has been created by The Fragile Sea and is © 2023 The Fragile Sea, all rights reserved. For permissions, please contact us.

6.2 Photos, graphics, audio, video

Most of the photos used in the service, unless specifically noted otherwise, are copyright, all rights reserved, by the principal author’s first cousin, Gary Easterbrook, who lives in Christchurch, New Zealand, and is a keen photographer, surfer, and vocal training teacher. The photos cannot be copied, modified, distributed, or used without his permission.

Tables, and diagrams, created by The Fragile Sea are © 2023 The Fragile Sea, all rights reserved. Those not created by The Fragile Sea are attributed, and where required, license paid.

Graphics are normally sourced from Adobe, Unsplash, and other sources, fully attributed, and, where required, license paid.

Audio and video created by The Fragile Sea are © 2023 The Fragile Sea, all rights reserved. They may be downloaded for individual replay, but cannot be otherwise copied, modified, distributed, or used without permission. Those not created by The Fragile Sea are attributed, and where required, license paid.

7. Every effort to acknowledge all sources

Every effort is made to attribute all sources, including but not limited to, textual content, graphics, logo’s, artwork, diagrams, and drawings. The Fragile Sea will be pleased to correct any omissions or mistakes brought to our attention at the earliest opportunity.

8. Reference styles

We implement a reference style based on the IEEE format with a few obvious modifications: every attempt is made to place references at the end of paragraphs or subject stream, instead of interrupting the flow of content by being embedded within. This is a conscious effort to remove hyperlinks from within complete sentences in the body of text, wherever possible, to encourage simple elegance in form.

9. Every effort to accurately understand and present views

The Fragile Sea is primarily interested in uncovering and discussing deep human connections; there is zero interest and a conscious avoidance of furthering any political, religious, or anti-religious opinion, position, or hidden agenda. If we like something we will say so transparently, without fear or favour, and we expressly avoid pursuing an agenda of trying to convert others to any particular view.

The aim is to seek to understand the views of others without judgement, to accurately describe them, and thereby, to investigate whether there might be common ground to connect to, and to build upon, or not, as the case may be. Wherever possible, an objective analytical approach is pursued, albeit with a human touch. Discussion sections provide an obvious contextual location for teasing out human connections and what might emerge from their prominence or emergence; the expression of unbridled opinion without substantiation is disliked, in favour of pursuing a different path, while acknowledging the right to express oneself freely.

10. Inventing new forms of expression

The Fragile Sea seeks to develop new ways of thinking, observing, writing, and of establishing confidence in veracity, including new ways of thinking about language, meaning, sentience, and communicating. This includes inventing and discussing new words, phrases, and forms within the English language, with an emphasis on the general aspirations of the Plain English campaign, but without losing elegance and eloquence.

11. Paid subscribers can comment

There is room for paid subscribers to comment on newsletters and content; we are simply unable to manage free commentary. The Fragile Sea reserves the sole right, without further explanation, of allowing, removing, or abbreviating comments. Please understand that it may not be possible to respond to any or all comments, until time can be committed fully to the activity.

12. Commentary with flair and manners

At all times commentors should observe the spirit of The Fragile Sea – no politics, no bad language, nothing hateful, malicious, threatening, or bigoted. If a subscriber really wishes to take an adversarial point of view, it is more likely to be appreciated if the view is expressed in one or more of the following ways (which will be awarded points up to 10, being best, regardless of whether we agree or not): humour without toxic sarcasm, Jane Austen English, a poem, play, or limerick. Abstraction, diversion, and Asian poetic forms (in English) are of a particular fondness - and will be awarded more marks – such as non-haiku Japanese forms (though haiku is welcome), and other poetic forms. All forms of world poetry and prose are welcome, along with manners, and well thought out, clever construction. If one wishes to ‘sink the knife’ so to speak, then do it with flair, manners, and eloquence. And expect the same in return.

13. AI is discussed and notified prior to use, if used at all

The Fragile Sea discusses the use of AI as one of several subjects but does not use AI, bots, or web scrapers, to gather information and form connections. It is all about doing the hard yards here, utilizing a reference library of over 2,500 contemporary and historical books, several thousand research papers, a lifetime of thought and study, and many more resources besides. We do not have a particular stance against using AI, events will progress rapidly. We may use AI to illustrate a point but will make it clear prior.

One of the key aspirations of the Fragile Sea is to contribute to a matter of historic record on the developments and issues arising from the current progress in AI, and to document the innovations and discourse along the way. We believe that ascertaining the weight of truth and the source of any content will become areas of focus, if not emerging rapidly already, and these, and ideas around consciousness, and sentience, are of particular interest to us.

Please visit our page AI Connections for more details, and research notes.

14. Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

• Harass or mistreat other users of our Site;
• Violate the rights of other users of our Site;
• Violate the intellectual property rights of the Site owners or any third party to the Site;
• Hack into the account of another user of the Site;
• Act in any way that could be considered fraudulent; or
• Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

15. Aligning ethos and 'never say never'

In these uncertain times, it would be madness to say 'never' to commercial opportunities, endorsements, collaborations, tie-ups (etc.). It is really about transparency, avoiding potential conflicts of interest, and aligning the mission with integrity. In general, The Fragile Sea is focused on producing engaging content, and sticking to the knitting. If we link to another site or author, or note a product or service, it is because we want to, without fear or favour. If a commercial opportunity arises, of course we will look at it. If a project is undertaken with another content provider, or a tie-up, for transparency and to better inform the reader, we will note if a monetary consideration was agreed between parties.

16. Accounts

16.1 Terminology

Both free and premium subscriptions are termed 'accounts' for the purposes of these Terms, unless specifically noted as 'Free' or 'Premium'.

16.2 Account

When you create an account on our Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

16.3 Subscription

Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.

16.4 14-day right of cancellation

If you are a customer living in the United Kingdom or the European Union you have the right to cancel your contract to purchase services from us within 14 days without giving notice. The cancellation period:

• Will end 14 days from the date of purchase when you purchased a service.

To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period. To cancel, contact us by email at tfs@thefragilsesea.com

In respect of the 14-day cancellation provision in law, and in the case of the monthly premium service we will reimburse pro rata the full days remaining in that month, of the premium paid, calculated from the first full day after receiving notification, to the end of that month, subject to no refund being made if the total days remaining is under five from the day after notification is received.

In respect of the 14-day cancellation provision in law, and in the case of the annual premium service, we will reimburse pro rata the full days remaining in that year of the premium paid, calculated from the first full day after receiving notification, to the end of that year.

16.5 Cancellation and suspension

You may cancel your account at any time. The Fragile Sea may suspend or terminate your account at its sole discretion if you breach this Agreement, and will make every attempt to notify you accordingly.

To cancel your subscription, please email tfs@thefragilesea.com

16.6 No refunds

In all other instances not related to the 14-day cancellation provision in law as noted in 16.4 above, no refunds will be provided for suspended or cancelled premium accounts and you may continue to access your account and The Fragile Sea content until the end of that billing cycle.

16.7 Payments

You agree to pay all charges and taxes you may incur for any transactions, purchases, and subscriptions you undertake with our service.

We accept the following payment methods on our Site:

• Credit Card

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

17. Sale of services

These Terms and Conditions govern the sale of services available on our Site.

We are under a legal duty to supply goods that match the description of the good(s) you order on our Site.

The following services are available on our Site:

• Premium Subscription.

The services will be paid for in full when the services are ordered.

These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary.

18. Consumer protection law

Where the Sale of Goods and Supply of Services Act 1980, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

19. Applicable law

These Terms and Conditions are governed by the laws of Ireland.

20. Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

21. Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law, and to reflect any changes to the way we operate our Site, and the way we expect users to behave on our Site. The terms and conditions in force will be as amended.

We will notify our users in upcoming newsletters and post a notice on our homepage for a period of two weeks after amendment to notify of any amendments.

22. Special terms of service

In addition to the above terms, by signing up to our free or paid subscription, you agree to the following special terms:

22.1 The information is provided for information and entertainment purposes only. Nothing in the information and service is intended to provide investment, financial, legal, tax, or personal advice.

22.2 The Fragile Sea is not an authorised financial advisor and is expressly not responsible for any financial or consequential loss you may incur by acting on any information provided in this service.

22.3 Nothing in the information provided by The Fragile Sea, should be construed as financial advice, nor the solicitation of an offer to buy or sell any asset, equity, or security. We have no access to private information about companies or offers, nor to the giving or receiving of financial advice, investment decisions, or tax or legal advice, and we are not regulated by any authority.

22.4 Every effort is undertaken to ensure the information is accurate and worthwhile, but nothing in the information or service should be understood or construed as an inference, implication, or recommendation to do, or not to do, any action. Readers must establish their own veracity in the information, to their own satisfaction.

22.5 The Fragile Sea shall not be liable nor responsible for any errors or omissions in the information provided, nor for any loss or damage because of failing to undertake your own due diligence or competent advice from a professional.

FORCE MAJEURE

Every effort is made to publish the newsletter every two weeks, come rain or shine, however we may be forced to postpone if circumstances beyond our control intervene. We will make every effort to notify our readers in advance if this is the case and ask for understanding if an event of this nature should occur.

We may take a break for up to two weeks (i.e., one bi-weekly newsletter) during each year, and will notify in advance. It is more likely we will publish a lite version for any one of those two weeks, and again, will notify in advance.

LIMITATION OF LIABILITY

Oisin Creative Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

You agree that we shall not be liable to you for any damages, including direct, indirect, special, incidental, financial, or consequential loss or damages by your use of the information and service.

INDEMNITY

You agree to indemnify and absolve Oisin Creative Ltd of any and all liability or loss that you or any person or entity associated with you may suffer or incur because of your use of the information and service provided by Oisin Creative Ltd.

Except where prohibited by law, by using this Site you indemnify and hold harmless Oisin Creative Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Please also view our privacy policy.

Thank you!

[1]: S. Harrison, M. Hanna, and L. C. J. McNae, McNae’s essential law for journalists, Twenty-Sixth edition. Oxford: Oxford University Press, 2022.

[2]: G. Foreman, D. R. Biddle, E. Lounsberry, and R. G. Jones, The ethical journalist: making responsible decisions in the digital age, Third edition. Hoboken, NJ: John Wiley & Sons, Inc, 2022.

[3]: Press Council of Ireland, “Press Council of Ireland and Office of the Press Ombudsman Code of Practice,” 2023. (accessed Aug. 07, 2023). PCI Code of Practise

[4]: International Federation of Journalists, “Global Charter of Ethics for Journalists,” IFJ, 2023. (accessed Jul. 23, 2023). IPJ Global Charter of Ethics