License Agreement for the Use of the Yandex.Music Software on Mobile Devices
This document is a translation of License Agreement for the Use of the Yandex.Music Software in English. In case of conflict between the Russian version of License Agreement for the Use of the Yandex.Music Software and this translation - only the Russian version of License Agreement for the Use of the Yandex.Music Software is legally binding. The Russian version of License Agreement for the Use of the Yandex.Music Software on Mobile Devices can be found here: https://yandex.kz/legal/music_mobile_agreement/?lang=ru.
Before using the Software, please, read the terms of the license agreement below.
1. General Provisions
1.1. This License Agreement (hereinafter referred to as the License) sets the terms of using the Yandex.Music Software on mobile devices (hereinafter referred to as the Software) and is concluded between any person using the Software (hereinafter referred to as the User) and Yandex.Mediaservices LLC, 82, Sadovnicheskaya str., Building 2, Office 10A05, Moscow, Russia 115035the holder of the exclusive right to the Software (hereinafter referred to as the Rightholder).
1.2. By copying the Software, installing it on your mobile device or using the Software in any manner, the User expresses its full and unconditional agreement with all the terms of the License.
1.3. Use of the Software is allowed only under the terms of this License. If the User does not accept the terms of the License in full, the User has not the right to use the Software for any purposes. Using the Software with violation (non-fulfillment) of any of the terms of this License is prohibited.
1.4. Use of the Software by the User under the terms of this License for personal non-commercial purposes is free of charge. Use of the Software on terms and in a manner not provided for in this License is possible only under a separate agreement with the Rightholder. A fee may be charged for using individual functions of the Software.
1.5. The Software offers a functional option to use for compensation a database, which is a total of sound tracks, lyrics of pieces of music, musical album covers and also other materials accessible with the use of the Software (hereinafter referred to as the Database), according to the procedure set out in Clause 6 of this License. The rights to the Database belong to the Rightholder. The functions of the Software can be restricted, subject to the operation system of User’s device.
1.6. By using the Software the User consents that the following documents, the terms and conditions of which are fully applicable to the use of the Software, constitute integral parts of this License:
YANDEX LLC documents:
User Agreement for Yandex Services available at: https://yandex.kz/legal/rules/.
Yandex.Mediaservices LLC documents:
1.7. This License and all relations connected with the use of the Software are subject to the law of the Russian Federation and any claims or lawsuits arising out of this License or use of the Software must be filed to and considered in a court at the Rightholder’s whereabouts.
1.8. The Rightholder may provide to the User a translation of this License from Russian into other languages, but in case of conflict between the terms of the License in Russian and its translation only the Russian version of this License has legal effect.
2. Rights to the Software
2.1. The exclusive right to the Software and the Database belongs to the Rightholder.
2.2. Sound tracks, lyrics of pieces of music, musical album covers and also other materials accessible with the use of the Software (hereinafter referred to as Materials) are objects of intellectual property of their rightholders and are protected by the law. Updated data on rightholders of Materials are available at: https://yandex.ru/support/music/performers-and-copyright-holders/copyright.xml.
3.1. The Rightholder furnishes the User for no compensation with a non-transferable right to use the Software in the territory of the Russian Federation, Ukraine, Republic of Belarus, Republic of Kazakhstan, Armenia, Republic of Tajikistan, Turkmenistan, Republic of Uzbekistan, Azerbaijan Republic, Republic of Moldova, Kyrgyz Republic, Republic of Georgia and Israel under the terms of an ordinary (non-exclusive) license as follows:
3.1.1. To use the Software for the direct functional purpose, for which purpose to copy and install (reproduce) it on a mobile device(s) of the User. The User has the right to install the Software on an unlimited number of mobile devices. When installed on a mobile device, each copy of the Software is assigned a unique number which is automatically reported to the Rightholder.
3.1.2. To reproduce and distribute the Software for non-commercial purposes for no compensation.
4.1. Except when using to the extent and in a manner expressly provided for in this License or the law of the Russian Federation, the User has not the right to modify, decompile, disassemble, decrypt or perform other acts with the object code of the Software, with the aim to obtain information about the implementation of the algorithms used in the Software, to create derivative works using the Software, and also to otherwise use the Software (allow other use of the Software), any components of the Software, Materials saved by the Software on the User’s mobile device, and other data without a written consent of the Rightholder.
4.2. The User has not the right to reproduce and distribute the Software for commercial purposes (including for compensation), including as part of collections of software products, without a written consent of the Rightholder.
4.3. The User has not the right to distribute the Software in a form other than the form, in which the User received the Software, without a written consent of the Rightholder.
4.4. The Software must be used (and distributed) under the name “Yandex.Music”. The User has not the right to modify and/or delete the name of the Software, the copyright notice or other reference to the Rightholder.
4.5. The Rightholder reserves the right to set any rules, limits and restrictions (technical, legal, organizational and other) to the use of the Software in its entirety, Materials, or the Database, and may modify them at its discretion, without any prior notice to Users. Such rules, limits and restrictions may vary for different categories of Users.
5. Terms of the Use of Individual Functions of the Software
5.1. Particular functions of the Software may be run provided that there is Internet access. The User obtains and pays for such access at his discretion, on the terms and at the tariff rates of the User’s service or Internet access provider.
5.2. The User hereby agrees that playlists and other compilations of Materials or references thereto, created and/or published by the User with the use of the Software, are not collections as defined in Article 1260 of the RF Civil Code and are not protected as objects of intellectual property. The Rightholder bears no responsibility for any use of such compilations by third parties.
5.3. The Rightholder reserves the right to restrict at its discretion the User’s access to the Software (or to individual functions of the Software if technologically possible) in the event of repeated breach of this License, or to apply other measures to the User so as to comply with the requirements of the law or to observe rights and legitimate interests of third parties.
5.4 The User has the ability to create mixed playlists from the Materials of a database and sound tracks, uploaded by the User via “Yandex.Disk” software and also sound tracks uploaded by the User from his/her device.
5.5. The Software gives to the User the ability of getting automatic recommendations to listen to the Materials by the User. The user hereby acknowledges and agrees that in order to use this function the «System of the recommendations» the Software transfers the data concerning the history of the listening of Materials to the Rightholder.
5.6. The Program enables the User to obtain information on scheduled cultural and entertainment activities and how to buy e-tickets for cultural and entertainment activities.
E-tickets shall be booked and paid for under the Terms of Buying E-Tickets for Concerts and Other Activities freely available at: https://yandex.kz/legal/concerts_tickets_booking_conditions/.
5.7. When the User removes the Program from the memory of the User's mobile device, the User's personal information received by the Rightholder in the process of using the Program is retained within the Service. In the event that the Program is repeatedly installed on the device, the personal information of the User is restored in full.
5.8. The User has the ability to use the service «Yandex.Music – rate 99», which allows access to a database on pay and to download 99 soundtracks on the User’s device. The cost of the service «Yandex.Music – rate 99», term of service and order of payment shall be determined in accordance with the procedure specified in section 6 "Remuneration for the Use of the database" of the License.
6. Fee for the use of the Database
6.1. General provisions
6.1.1. The Rights holder shall grant the User an access to the Database for a fee. The fee shall be paid to the Rights holder by the User in the form of an advance payment.
6.1.2. The Rights holder shall grant access to the Database from the receipt moment of the fee from the User, and the Rights holder shall reserve the right to grant access to the Database until the receipt moment of the fee. The Rights holder shall be considered as having fulfilled its obligations to grant access to the Database at the access moment.
6.1.3. The Rights holder has the right to provide to the User the access to the Database without extra charge both for the purpose of familiarization and for other purposes, determined by the Rights holder. The Right holder can provide the mentioned access to the User both in case of performing specific actions by the User, ( for example - the activation of access in Software’s settings, the payment of access for a long period of time etc.), and also without performing any specific actions by the User. The conditions of the providing such access shall be determined by the Rights holder. For the avoidance of any doubts, the providing to the User such access is the right, but not the responsibility of the Rights holder.
6.1.4. The Rights holder shall have the right to unilaterally change the provision period of access to the Database and amount of the relevant fee.
6.1.5. The provision period of access to the Database and amount of the corresponding fee shall not be changed in respect of the fee actually paid for the corresponding period of access, on condition that it had been paid for before the new conditions’ entry into force.
6.1.6. In the case of the provision access to the Database subject to the payment by the User of the telecommunication services operators–partners of the Rights holder, the terms of providing such access shall be communicated to the User before the connection to such telecommunications services. In this case, the Rights holder will not charge the fee for the use of the Database.
6.1.7. If the User pays the fee on July 6, 2018 or later, Yandex.Media Services LLC will be the provider of access to the Database to the User, even if the User pays the fee to Yandex LLC after this date. If the User pays the fee before July 6, 2018, Yandex.Media Services LLC will be the provider of access to the Database to the User from July 6, 2018.
6.2. Terms of the fee payment through the web interface "Yandex.Music"
6.2.1. Access to the Database is granted on a subscription basis provided for by this License and Article 429.4 of the Civil Code of the Russian Federation (subscription agreement) (hereinafter referred to as the Subscription). By Subscribing, the User enters into an agreement with Yandex (hereinafter referred to as the Agreement), under which Yandex agrees to grant the User access to the Database during the Subscription Period, and the User agrees to pay the Subscription fee.
For the purposes hereof, the Subscription Period shall mean a period of time (for example, a month or a year), for which the Subscription is executed and a relevant fee amount is set depending on the length of the Subscription Period.
The one-month Subscription Period begins to run from the Subscription fee payment date and expires on the corresponding date of the calendar month following the date when the Subscription fee payment was made.
The one-year Subscription Period begins to run from the Subscription fee payment date and expires in the corresponding month and on the corresponding date of the calendar year following the date when the Subscription fee payment was made.
6.2.2. Details of the Subscription fee amount, payment options, and the Subscription Period, as well as other information can be found in the relevant section of the Software. Such details and information constitute a part of this License.
6.2.3. In case of any change in the Subscription Period and/or the relevant fee amount, the amended terms and conditions shall apply upon publication thereof in the relevant section of the Software's interface.
6.2.4. The fee shall be paid by the User on an advance basis. The Subscription shall be deemed to have been provided to the User in full upon granting the User access to the Database. No other moment shall be deemed as the moment of the fulfillment by Yandex of the assumed obligations.
Yandex reserves the right to grant the User access to the Database before the Subscription fee is received. In such case, Yandex shall be deemed to have performed all its obligations upon granting the User access to the Database.
6.2.5. When Subscribing, the User authorizes Yandex to charge the fee (subscription fee) for each Subscription Period, defined upon execution of the Subscription, in advance as per the rates applicable on the payment date until the User cancels renewal of the Subscription for the next Subscription Period.
6.2.6. The User acknowledges and agrees that the Subscription is executed by default for an indefinite period of time from the date the first Subscription Period is paid for. The User is entitled to cancel renewal of the Subscription for the next Subscription Period through the Software. In such case, the User's access to the Database shall be terminated from the day following the last day of the paid Subscription Period. Moreover, the Subscription may be terminated by Yandex in other cases or for other reasons as provided for herein.
6.2.7. The Subscription fee shall be paid using the Linked Card. For the purposes hereof, the Linked Card shall mean any bank card and/or other electronic payment means linked in the Software's interface or the User account on the services (including mobile applications) of YANDEX LLC (its affiliates) (including those linked during, before, or after authorization in the Software). Yandex may debit any of the Linked Cards with the amount equal to the Subscription fee.
If the balance of the Linked Card is insufficient to renew the Subscription, Yandex may elect not to cancel the User's access to the Database until the Linked Card is debited with the subscription fee amount. Yandex shall be entitled to treat a long-term insufficient balance of the Linked Card as the User's refusal to renew the Subscription from the date of the beginning of the unpaid Subscription Period.
6.2.8. By accepting this License, the User authorizes Yandex to issue orders on behalf of the User to debit the User's account (to which the Linked Card is linked) with the Subscription fee amount to be paid to Yandex, and submit such orders to the User's issuing bank through an acquiring bank.
The User hereby consents to the regular automatic debiting of his/her account with the Subscription fee amount under his/her order issued in the manner prescribed by this clause of the License, and acknowledges that the debit orders issued in accordance with this clause of the License are those of the User, and the actions of the processing center and the acquiring bank intended to debit the User's account in accordance with this clause of the License are performed with the User's consent.
Automatic debiting in accordance with this clause of the License begins subject to the following:
- the User enters all required details of the Linked Card;
- the automatic Linked Card debiting service is activated as follows: automatically when the first payment is made;
- by clicking the "Pay Subscription Fee" button (or other button with similar functionality), which confirms acceptance of this License by the User.
6.2.9. It is the User's responsibility to keep track of the Subscription status (paid Subscription Period, cost of the Subscription) and changes and amendments in the License through the Software.
6.2.10. According to the general rule, the User’s identification shall be made based on the User’s account. Yandex has the right to use other data for the User’s identification, including data on the person who has paid the fee, provided that such identification does not entail infringement of rights of the parties or rights of third parties or of the effective legislation.
6.2.11. Where stipulated by current laws, if the fee for access to the Database is paid for online via the web interface “Yandex.Music”, and when money received from the said payment is refunded, a cash voucher shall be sent to e-mail address specified when issuing the invoice, or to e-mail address created when registering in Yandex.Passport (https://passport.yandex.ru) an account that the User logged into when making the payment.
6.3. Terms of the fee payment at the APP STORE
6.3.1. The period for which the access to the Database is granted, as well as the fee amount corresponding to the provision period of access shall be specified on the Software’s page at the APP STORE on the corresponding section of the Software's interface.
6.3.2. The fee payment based on the technology “In App Subscriptions”, provided by Apple Inc., as well as the automatic renewal of access to the Database (Subscription) shall be conducted based on the terms posted on the Internet at: http://www.apple.com/legal/itunes/ww/.
6.4. Terms of the fee payment at Google Play
6.4.1. The period for which the access to the Database is granted, as well as the fee amount corresponding to the provision period of access shall be specified on the Software’s page in the YANDEX Developer Software at Google Play on the corresponding section of the Software's interface.
6.4.2. The fee payment based on the technology “In-app Billing Subscriptions”, provided by Google Inc., as well as the automatic renewal of access to the Database (Subscription) shall be conducted based on the terms posted on the Internet at: https://play.google.com/intl/ru_ru/about/play-terms.html.
6.4.3. The Rights holder shall have the right to provide the User with an opportunity to pay the fee through the web interface “Yandex.Music”, through a corresponding Software option. If the User uses the opportunity provided by the Rights holder to pay for access through the web interface “Yandex.Music”, the provisions of Section 6.2 of this License shall apply in respect of such payment.
6.5. Fee Payment Terms for Windows Phone Store
6.5.1. The period of access granted to the Database and the amount of fee corresponding to the access period shall be specified on the corresponding section of the Software's interface.
6.5.2. Fees payable for the access to the Database shall be paid in accordance with the terms and conditions available online at https://www.microsoft.com/ru-RU/store/b/terms-of-sale.
6.5.3. The Rights holder shall have the right to provide the User with an opportunity to pay the fee through the web interface “Yandex.Music”, through a corresponding Software option. If the User uses the opportunity provided by the Rights holder to pay for access through the web interface “Yandex.Music”, the provisions of Section 6.2 of this License shall apply in respect of such payment.
7. Liability under the License
7.1. The Software (Data included) is provided on an “as is” basis. The Rightholder provides no warranties regarding error-free and uninterrupted operation of the Software or its individual components and/or functions, consistency of the Software with particular goals and expectations of the User, reliability, accuracy, completeness and actuality of Data, and provides no other warranties not expressly provided for in this License.
7.2. The Rightholder bears no liability for any direct or indirect consequences of any use of or impossibility to use the Software (the Database included), and/or damage caused to the User and/or third parties as a result of any use, non-use of or impossibility to use the Software (the Database included), or its individual components and/or functions, including due to possible errors or failures of the Software, except in cases expressly provided for in the law.
7.3. The User is hereby notified and agrees that when the Software is used the following information will be automatically and anonymously (without reference to the User) transmitted to the Rightholder and YANDEX LLC: the type of the operating system of the User’s mobile device, the version of the Software and the Software ID, statistics on the use of functions of the Software, depersonalized voice records if voice activation is on, and other technical data.
7.4. All questions and complaints relating to the use of/impossibility to use the Software, and possible breach by the Software of the law and/or third party rights, must be sent via the feedback form to: http://feedback.yandex.ru/?from=music.
8. Updates/New Versions of the Software and third party software
8.1. This License covers all future updates/new versions of the Software. By agreeing to install an update/new version of the Software, the User accepts the terms of this License for corresponding updates/new versions of the Software unless updating/installing a new version of the Software requires any other license agreement.
8.2. Third party software are included in the Software as separate components. The actual information on this third party software is available at: https://yandex.ru/legal/music_mobile_agreement/components.
9. Change of the Terms of this License
9.1. This License may be unilaterally changed by the Rightholder. The notification of the User of the changes made in the terms of this License is published on the page: https://yandex.kz/legal/music_mobile_agreement/. The specified changes in the terms of the license agreement come into force from the date of their publication, unless otherwise specified in a corresponding publication.
Yandex.Mediaservices LLC, ОГРН 1187746644920
Place of business: 82, Sadovnicheskaya str., Building 2, Office 10A05, Moscow, Russia 115035
Tax number: 9705121040 \ KPP: 770501001
Date of publication: 27.12.2018
Effective date: 27.12.2018
Previous version of the document:https://yandex.kz/legal/music_mobile_agreement/28112018/.
Previous version of the document:https://yandex.kz/legal/music_mobile_agreement/13092018/.
Previous version of the document:https://yandex.kz/legal/music_mobile_agreement/08082018/.
Previous version of the document:https://yandex.kz/legal/music_mobile_agreement/06072018/.
Previous version of the document:https://yandex.kz/legal/music_mobile_agreement/06062018/.
Previous version of the document:https://yandex.kz/legal/music_mobile_agreement/20042018/.
Previous version of the document:https://yandex.kz/legal/music_mobile_agreement/30032018/.
Previous version of the document:https://yandex.kz/legal/music_mobile_agreement/20062017/.
Previous version of the document:https://yandex.kz/legal/music_mobile_agreement/27042017/.
Previous version of the document:https://yandex.kz/legal/music_mobile_agreement/23032017/.
Previous version of the document:https://yandex.kz/legal/music_mobile_agreement/04082016/.
Previous version of the document:https://yandex.kz/legal/music_mobile_agreement/28062016/.