Terms & Conditions

This page sets out the terms on which you may make use of the website www.frances-elane-writes.com  (the “Site”) (the “Terms”). Please read the Terms carefully before you start to use the Site. By continuing to use the Site, you agree to these Terms. If you do not agree to these Terms, please refrain from using the Site.

In these Terms, expressions beginning with a capital letter usually have a specific meaning that is defined in these Terms.

For information about how we use your information on and off the Site please see the Site’s Privacy Policy.

  • You will need an internet connection and a browser to access the pages on the Site and to use any features we provide. Access to the Site is permitted on a temporary basis, and the Operator reserves the right to withdraw or amend the Site without notice (see below). The Operator will not be liable if for any reason the Site is unavailable at any time or for any period.

    You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms, and that they comply with them.

    If you are a parent or guardian and provide your consent to your child’s use of the Site, you are agreeing to be bound by these Terms in respect of your child’s use of the Site.

  • The Operator is the owner or the licensee of all intellectual property rights in the Site, and in the content published on it. Those works are protected by US and international copyright and other intellectual property laws. All such rights are reserved.

    For all content on the Site, in general, you are not permitted to reproduce or publish in any way any of the content that appears on the Site unless you have first obtained the Operator’s written permission to do so but you may share links for personal, non-commercial purposes, but always in accordance with these Terms. In some limited circumstances, the Operator may choose to permit the reproduction or publication of content where it feels that this does not harm the Operator. Apart from that, none of the content on the Site may be republished, posted, transmitted, stored, sold, distributed or modified without the Operator’s prior written consent and any use without consent may constitute an infringement of the holder’s rights. In any case, you are not in any circumstances permitted to:

    • make commercial use of any such content;

    • edit any such content; or

    • remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within the content.

    The Operator as the author of the content on the Site must always be acknowledged.

  • You shall not conduct, facilitate, authorize or permit any text or data mining or web scraping in relation to the Site for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorizing or attempting the use of):

    • Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our Site or any data, content, information or services accessed via the same.

    • Any automated analytical technique aimed at analyzing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

    The provisions in this clause should be treated as an express reservation of the Operator’s rights in this regard, including for the purposes of Title (17) of the United States Code (17 U.S.C.).

    You shall not use, and the Operator does not consent to the use of, the Site, or any data published by, contained in, or accessible via the Site for the purposes of developing, training, finetuning or validating any AI system or model.

  • Any commentary and other content posted on the Site are not intended to amount to advice on which reliance should be placed. The Operator therefore disclaims all liability and responsibility arising from any reliance placed on such content by any visitor to the Site, or by anyone who may be informed of any of its contents.

  • Any communication you send to the Operator is sent at your own risk and the Operator reserves the right to (at its own discretion) retain your submission, permission request and other communication for its records.

  • The Operator’s aim is to update the Site regularly, and the Operator may change the content at any time. If the need arises, the Operator may suspend access to the Site or close it indefinitely. Any of the content on the Site may be out of date at any given time, and the Operator is under no obligation to update such content.

  • The content displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the Operator and third parties connected to it hereby expressly exclude:

    • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
      any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any content posted on it, including:

    • loss of income or revenue;

    • loss of business;

    • loss of profits or contracts;

    • loss of anticipated savings;

    • loss of data;

    • loss of goodwill; and

    • whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

    This does not affect the Operator’s liability for death or personal injury arising from its negligence, nor the Operator’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

  • You agree only to use the Site in accordance with these Terms. You agree that you will compensate the Operator in full for any damages, losses, costs and expenses, including reasonable legal fees the Operator incurs that arise out of any breach by you of these Terms or any liability the Operator incurs as a result of your use of the Site.

  • You will only use the Site (and any information and content obtained from it) lawfully and only for the purposes for which it has been provided and in accordance with these Terms.

    You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious, technologically harmful or disruptive. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site or otherwise circumvent any technological security measures. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. Except as permitted under these Terms or applicable law, you must not copy, modify, reproduce, disassemble, broadcast, sublicense, republish, transmit, publicly perform, display or make available, remove, alter, adapt, sell, exploit, create derivative works from, or distribute our content unless you have their explicit permission. You must not use or access the Site in any other unlawful manner and/or restrict or inhibit any other user from using and enjoying the Site. In the event of a breach of the terms of this paragraph, your right to use the Site will cease immediately.

    The Operator will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

  • You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage the Operator reputation or take advantage of any of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists.

    You must not establish a link from any website that is not owned by you.

    The Site must not be framed on any other website, unless the Operator expressly agrees otherwise.

    The Operator reserves the right to withdraw linking permission without notice.

  • You acknowledge that you may need to download and activate certain software developed by third parties in order to use certain content provided on the Site.

    In order to use such third party software or technology you may have to accept the terms of a licence agreement with that third party. You acknowledge that the Operator has no responsibility or control over such third-party software, and make no representation, warranty or guarantee regarding the installation, use, availability or effectiveness of such software.

  • Severability

    If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms shall not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any license provided under these Terms.

    Entire agreement
    These Terms govern our relationship with you and represent the Operator’s entire agreement with you.

    Subject to the above, the Operator and you each acknowledge that, in entering into an agreement under these Terms, neither you nor the Operator have relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and the Operator prior to such agreement except as expressly stated in these Terms.

    Assignment

    This agreement is personal to you. You may not assign, transfer, sub-license or otherwise dispose of any of your rights under these Terms.

    Waiver

    If you breach these Terms and the Operator chooses to ignore your breach, the Operator will still be entitled to exercise their rights and remedies at a later date or in any other situation where you breach these Terms again.

    Exclusion of third–party rights

    These Terms do not create any right enforceable by any person who is not a party to this agreement.