YourFry Terms & Conditions

Welcome to the YourFry website where you can download certain Stephen Fry material to use to create a work based on Stephen Fry’s life,  and interests (your “Work”) and where you can upload a video describing and depicting your Work (your “Video”).  Your use of this website and any Fry Material (as defined below) is governed by these terms and conditions and constitutes your acceptance of them.

Terms of Use:

1. General

1.1. This Site is owned and operated by Penguin Books Limited (“Penguin”, “we”, “us”) and, save as set out in Paragraph 2 below, the information and materials appearing on this Site (“the Content”) are displayed for personal, non-commercial use only. All software used on this Site and all Content included on this Site including, without limitation, the Fry Materials, the site design, text, graphics, audio and video and the selection and arrangement thereof but excluding any User Generated Content (see below) is the property of Penguin or its licensors and suppliers and is protected by international copyright laws.

1.2. Save as set out in Paragraph 2 below, none of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy of extracts from the Site on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact.

1.3. Modification or use of any of the Content other than as set out in these terms and conditions (including without limitation on any other website or computer network) is prohibited.

1.4. The Penguin and Puffin names and logos are registered trademarks.

2. Use of the Fry material

2.1. On this website we have made available a pack of Stephen Fry material comprising:

  • Certain text extracts from Stephen Fry’s books The Fry Chronicles and More Fool Me (the “Books”);
  • Audio recordings of Stephen Fry reading the same extracts from the Books;
  • Cover artwork from the books;
  • Images of Stephen Fry; and
  • Certain metadata relating to the Books.

Together the above are collectively referred to in these terms as the “Fry Material”.

2.2. We hereby grant to you a non-exclusive, royalty-free, worldwide, revocable licence to access, download, copy, translate, and use all or part of the Fry Material in your Work provided that;

  • the Fry Material is used solely for the purpose of creating your Work;
  • any Work containing any Fry Material is not unlawful, defamatory, derogatory, obscene, threatening, offensive, harmful or otherwise objectionable;
  • the Fry Material is fully attributed to Stephen Fry in the Work.

2.3. Except for any rights expressly granted in these terms and conditions, as between you and Penguin, you will own all rights in your Work and Video, save for any Fry Material, (which is owned by Penguin or Stephen Fry as appropriate).  You are solely responsible at your own cost for obtaining all rights, permissions and consents required to use any other third-party owned material in your Work.

2.4. You hereby agree to give Penguin a first option to work with you to further develop and/or commercially exploit your Work, the terms of any such exploitation to be as agreed between you and Penguin from time to time.

3. Posting Videos and other Content

  1. This website contains sections where users can submit their own content or materials, including Videos and comments (any such content being referred to as “User Generated Content”).
  2. Penguin will vet and moderate all Videos prior to their publication on this site but, so far as it is able to by law, disclaims all responsibility for any User Generated Content posted in any part of the site. Any content, recommendation or other information comprised in any User Generated Content is viewed and used by you at your own risk and Penguin does not warrant, in any respect, the accuracy or reliability of any such information. The views expressed in User Generated Content are those of the individuals that posted it and are not necessarily those of Penguin.
  3. You hereby grant Penguin and any other member of the Penguin Random House group a perpetual, irrevocable, worldwide royalty-free right to use, copy, edit, publish and distribute your Video (including any depictions of your Work comprised therein) and any part of the same solely for the purpose of running and promoting the YourFry project, such promotion to include (but not be limited to) YourFry.com and other websites, social media, internal and external presentations and exhibitions.
  4. By posting any other content on this site (for example comments or other posts), in addition to the rights granted in Clause 3.3 above, you grant Penguin a non-exclusive, perpetual, royalty-free, world-wide licence to use, , publish, distribute and display such content in any format now known or later developed. If you do not want to grant us these rights, please do not submit your comments or materials to us.
  5. You warrant that you have authority to grant the rights that you’ve granted to Penguin herein and that you have obtained all rights, permissions, consents necessary in anything comprised in the Work and Videos to enable Penguin to use the Works and Videos as set out herein.
  6. You may only to post content that is proper and appropriate to the target audience of this site and you must follow the YourFry Guidelines found here.  In particular, you may not do any of the following:
  7. post unlawful, defamatory, obscene, threatening, offensive, harmful or otherwise objectionable content (this includes text, graphics, video, programs or audio);
  8. delete any author attributions, legal notices or proprietary designations or labels in any content that is posted;
  9. falsify the origin or source of content that is posted;
  10. post content that violates the legal rights of others, in particular, material that contains the intellectual property rights of third parties unless you have obtained all necessary licences and consents to use such content;
  11. advertise, promote or offer to sell any goods or services;
  12. contribute content with the intention of committing or promoting an illegal act;
  13. use vulgar or offensive user names;
  14. post content that contains viruses or that may damage Penguin’s or another user’s computer;
  15. reveal any personal information about yourself or anyone else (for example, email address, telephone number or postal address).

Penguin shall be entitled at any time to delete, remove, or suspend the whole or any part of any User Generated Content posted on this site without notice and without incurring any liability. If you find objectionable or offensive User Generated Content on this site please let us know as soon as possible by emailing [ReportAbuse@penguin.co.uk.]

4. Access and Use

By using this Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information;; and (c) your use of the Site does not violate any applicable law.

5. Links to third party websites

The Site may include links to third party Internet websites which are controlled and maintained by others. These links are included solely for the convenience of users and do not constitute any endorsement by Penguin of the sites linked or referred to, nor does Penguin have any control over the content of any such sites.

6. Liability disclaimer

The Site is provided by Penguin in good faith but Penguin does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site or the Content or any websites to which the Site is linked, and all warranties and representations are hereby excluded to the extent permitted by law.

The contents of the Site do not constitute advice and should not be relied upon in making, or refraining from making, any decision. There is no guarantee that the Site will be free of infection by viruses or anything else which may be harmful or destructive.To the extent permitted by law, Penguin hereby disclaims all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Content, the Site and/or any website to which the Site is linked, or any action taken (or refrained from being taken) as a result of using any of these.

7. Changes to these conditions of use

Penguin reserves the right to add to or change these conditions of use and agrees to ensure that a note of the date and clause number of any such amendments will be included as part of the conditions. Any changes will be posted to this page and it is your responsibility as a user to ensure that you are aware of any such changes from time to time. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to access the Site after that time.

8. User information

We will only use any personal data that we collect about you or your use of our site in accordance with our Privacy Policy which forms part of these Terms and Conditions and which can be found here.