1. General Provisions
1.1. YANDEX LLC (hereinafter referred to as Yandex) offers an Internet user (hereinafter referred to as the User) to use its Yandex.Disk service available at: http://disk.yandex.com (hereinafter referred to as the Service).
1.3. To use the Service via PC, the User may use the Yandex.Disk computer program; to use the Service via mobile devices, the User may use the Yandex.Disk program for mobile devices (hereinafter jointly referred to as the Programs). Use of the Programs shall be governed by license agreements available at all time at https://yandex.ru/legal/desktop_software_agreement and https://yandex.ru/legal/disk_mobile_agreement, respectively.
1.4. By starting to use the Service/its individual functions, the User shall be understood to have accepted these Terms as well as the terms and conditions of all the documents referred to in these Terms above, to the full extent and without reservations and exceptions. If the User does not accept any of the terms and conditions of the abovementioned documents, the User may not use the Service.
1.5. These Terms may be amended by Yandex without any special notice; a revised version of the Terms shall take effect from the moment of its publication on the Internet at the address given below in this clause, unless otherwise specified in such revised version of the Terms. The effective version of the Terms shall be available at all time at https://yandex.kz/legal/disk_termsofuse
1.6. If the User does not accept any of the amendments made by Yandex to these Terms in the manner set forth in 1.5 above, the User shall stop using the Service.
1.7. By using the Service, User agrees to receive advertising and information messages. The user may opt out of receiving messages by using the Service functionality or by following the instructions in the email.
2. Use of the Service. Certain options of the Service
2.1. Yandex enables the User to use the Service for placing files (hereinafter referred to as files or data) in the disk space of Yandex servers with the aim to store files in such space, to synchronize files with the User’s devices, to view, change, delete files and control access to files by third parties, to enjoy access, by decision of other Users, to data placed by such other Users, as well as in any other manner not contradicting the provisions of these Terms and the documents referred to in these Terms and the law applicable to the User, specifically, the international law. Such rights shall be inalienable and non-transferrable to third parties. The User shall enjoy the above options by using the Programs or by using the Service Web interface.
2.2. The Service provides the User with some special functions which enable image editing with processing application provided by Aviary, Inc. The User understands and agrees that whenever the above functionality is used, the image in process and the data relating thereto may be transmitted to the hardware that belongs to Aviary, Inc. for the period of editing.
2.3. The Program shall be used via an account created by Yandex. The User is warned and agrees that its login (account name), data for First Name, Last Name, Gender and Name at Yandex specified when registering (using) such a login along with the image from its profile page (user icon) and the e-mail address can be displayed and made available to third parties, inter alia, in the Service log, when the User provides or gains shared access to the data, when the User posts comments on the page with the shared data, and when the User invites third parties and accepts invitations from third parties. If the User has no account at Yandex services and is logged in at Yandex services through its social network account, the User’s image from its social network account page, its first name and last name indicated in its social network account and a link to its social network account, if any, will be published along with its comment on the page with the shared data.
3. Free and Paid Features of the Service
3.1. The User may use standard features of the Service free of charge. Advanced features of the Service are available subject to Yandex.Disk subscription to be purchased as prescribed by these Terms (hereinafter referred to as the “Subscription”), or subject to the terms of provision of the advanced features (options) of the Service in cases set by the document available at https://yandex.kz/legal/disk_promocode.
3.2. With the Subscription, the User signs a contract with Yandex (hereinafter referred to as the “Contract”) as specified in this document and provisions of Art. 429.4 of the Civil Code of the Russian Federation (subscription contract). Under the Contract, Yandex undertakes to provide advanced features of the Service to the User for the Subscription Period, and the User undertakes to pay the Subscription cost.
For the purposes of these Terms, the Subscription Period means a period of time (e.g., a month or year) for which the User subscribes and a respective fee is charged.
A one-month Subscription Period will start to run from the date of the Subscription payment and will expire on the respective date of the calendar month following the date of the Subscription payment.
A one-year Subscription Period will start to run from the date the Subscription is paid and will expire in the respective month and on the respective date of the calendar year following the date the Subscription is paid.
3.3. Information on the subscription fee, payment methods and the Subscription Period as well as information on other privileges available with the Subscription can be found at http://disk.yandex.ru/pay. This information forms part of these Terms and is covered by the rules of cl. 1.5 of these Terms. The User understands and agrees that the list of privileges available at http://disk.yandex.ru/pay may be changed, inter alia, may be extended / shortened.
3.3.1. The User may be provided with the discount in respect of the price of the Subscription subject to the terms of the document “Discount Policy” available at https://yandex.kz/legal/disk_promocode.
3.4. The User will pay upfront. The Subscription will be provided to the User with all the functions and in full from when the User is granted access to Yandex server disk space. No other moment can be construed as the time Yandex discharged the obligations it assumed.
Yandex reserves the right to make advanced features of the Service accessible to the User before the subscription fee is paid. In this case, Yandex will be deemed to have discharged all its obligations when the User is granted access to Yandex server disk space.
3.5. With the Subscription, the User authorizes Yandex to charge, as a prepayment, in each Subscription Period the User specified when subscribing, the subscription fee Yandex will set on the day of payment, until the User refuses to renew the Subscription for the next Subscription Period.
3.6. The User understands and agrees that the Subscription, by default, is indefinite from when the first Subscription Period is paid for. The User may refuse to renew the Subscription for the next Subscription Period at http://disk.yandex.kz/tuning. Besides, Yandex may terminate the Subscription in other cases or on other grounds as specified in these Terms.
3.7. The User’s refusal to pay the subscription fee for a respective Subscription Period constitutes the User’s refusal to renew the Subscription. If this is the case, user access to advanced features of the Service will be terminated from the day following the last day of the paid Subscription Period. If the Linked Card has no sufficient funds to renew the Subscription, Yandex may terminate user access to advanced features of the Service from when the unpaid Subscription Period starts or may keep user access to advanced features of the Service until the subscription fee is debited from the Linked Card.
3.8. By accepting these Terms, the User authorizes Yandex to make orders on behalf of the User to debit the User’s account (the Linked Card is linked to) for the benefit of Yandex to pay for the Subscription and to send the said orders to the issuing bank of the User through an acquiring bank.
The User consents to have his/her account automatically and regularly debited to pay for the Subscription on his/her order given as per this clause of the Terms and acknowledges that orders to debit his/her account sent as per this clause of the Terms will constitute orders of the User himself/herself and actions of the processing center and the acquiring bank meant to debit the account as per this clause of the Terms will be performed with the consent of the User.
The account will be debited as per this clause of the Terms automatically, if the following conditions are met:
- the User entered all necessary details of the Linked Card;
- the service was activated to debit the Linked Card automatically in the following way: automatically, when the first payment is made;
- Pay for Subscription (or another button with similar functions) was clicked to confirm that the User consented to these Terms.
3.9. The User shall independently check for subscription status in his or her Personal Account (paid Subscription Period, Subscription cost, and list of available privileges) and check for changes of and additions to the Terms at https://yandex.kz/legal/disk_termsofuse and in his or her Personal Account.
3.10. The Service can only be used with access to the Internet. The User will independently gain and pay for such access under the terms and rules of his or her telecoms operator or Internet provider.
3.11. As a general rule, the User is identified according to details of his or her profile. Yandex may use other data to identify the User, including payer data, if such identification does not violate the rights of the parties, the rights of third parties, or the current laws.
3.12. Where the current laws permit, when the Subscription is paid online, when the said payment is refunded, a cash voucher will be e-mailed to the address specified at invoicing or created at sign-up for Yandex.Passport (https://passport.yandex.kz) profile the User authorized with to make the payment.
4. Restrictions to the Use of the Service
4.1. The User shall determine at his discretion the manner in which to use the Service and shall be responsible for its use. The User shall be responsible for the compliance of the content of any file placed by the User with the requirements of the effective legislation, specifically, the rules of the international law, including liability to third parties in cases when placement of a file by the User infringes rights and legal interests of third parties.
4.2. When using the Service, the User shall refrain from placing such data and performing such actions as may be prohibited to be placed and performed in accordance with the Yandex Service User Agreement.
4.3. Yandex has the right to block access to files placed by the User, or to delete such files, and to transfer the User’s data obtained in connection with the provision of the Service to third parties in the following cases:
4.3.1. If Yandex is obligated to do so by virtue of a regulatory act
4.3.2. If Yandex receives from a third party a complaint, claim, inquiry, demand or any other notice stating that placement of a file has infringed the third party’s rights or the effective legislation
4.3.3. If placement of a file threatens the normal performance of the Service
4.3.4. If Yandex receives a judicial act or an act issued by a law enforcement body, which obligates Yandex to do so
4.4. Yandex has the right to delete files placed by the User in the following cases:
4.4.1. The file is placed in "Trash" Service directory for 30 (thirty) calendar days continuously.
4.5. Yandex reserves the right to limit the User’s access to the Service (or to individual functions of the Service if technically possible) by using the User’s account or to fully block the User’s account in case of repeated breach of these Terms or the documents referred to in these Terms.
4.6. Yandex reserves the right to set any rules, limits and restrictions (technical, legal, organizational or other) to the use of the Service as well as to change them at its discretion without any prior notice to the User. In cases when allowed by the legislation, such rules, limits and restrictions may differ for different User categories.
4.7. The User may not transfer, for compensation or for no compensation, his rights and/or obligations to third parties.
5. Distribution of data. Granting shared and public access to files.
5.1. The Service enables the User to distribute data by granting shared access (i.e. file access shared by several users of the Service) or public access to a file (i.e. file access granted to all users of the Internet knowing the file’s address which is a link).
5.2. When using the Service’s functions specified in 5.1. hereof, the User shall act in good faith and refrain from any misuse of the said functions. In addition, the User shall refrain from arranging any mass file-sharing through the Service’s functions. Yandex may apply regulations, limits and restrictions so as to prevent, restrict or terminate any mass file-sharing as prescribed by 4.5. hereof.
6.1. Yandex shall take all reasonable measures and perform all practicable actions to ensure the integrity of the User’s data and maintain performance of the Service. The User is aware that there may be technical faults and failures in the operation of the Service and agrees that for Yandex it is technically impossible to predict such faults and failures, to notify the User of them in advance or to fully exclude them. Regardless of the reasons and consequences, the occurrence of such faults or failures may not be the basis for subjecting Yandex to any sanctions.
6.2. Yandex is under no obligation to moderate, view, edit or control the files placed by the Users through the Service and provides no warranty that the files placed by the User through the Service do not breach provisions of these Terms, legal acts and other documents. The User acknowledges and agrees that Yandex is under no obligation to view any data placed and/or distributed via the Service. The User is aware and agrees that the User shall assess at his discretion all the risks associated with the use of the data placed in the Service including evaluation of reliability, completeness, safety, legality or utility of such data.
6.3. Any data obtained with the use of the Service shall be used by the User at his own risk, and the User shall be liable at his discretion for possible consequences of the use of such data, including for damage that may be caused to the User’s PC or mobile device or to third parties, for loss of data, infringement of rights or any other damage. Yandex bears no liability for any type of damages resulting from the use or unavailability of the Service or its individual parts/functions, including due to possible errors or failures in its operation, except in cases expressly stipulated by the legislation.
6.4. Irrespective of the User’s location or the location of the User’s equipment, any and all relations in connection with the use of the Service shall be governed by the law of the Russian Federation and any and all claims or lawsuits arising out of the use of the Service shall be submitted and considered at a court at the location of Yandex.
6.5. Yandex may furnish the User with a translation of these Terms from Russian into other languages, but in case of conflict between the Russian version of the Terms and its translation, the Russian version shall have legal effect.
6.6. Any and all questions, requests and claims related to the use/unavailability of the Service, as well as potential infringement of the legislation and/or third party rights, shall be forwarded via the feedback form available at https://yandex.ru/support/abuse/troubleshooting/disk/list.html
Date of publication: 10.08.2018 г.
Previous version of the document https://yandex.kz/legal/disk_termsofuse/27062018.
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Previous version of the document https://yandex.kz/legal/disk_termsofuse/25072013.