Terms of Use of Yandex.Music

This document is a translation of Terms of Use of Yandex.Music in English. In case of conflict between the Russian version of Terms of Yandex.Music and this translation - only the Russian version of Yandex.Music is legally binding. The Russian version of of Yandex.Music can be found here: https://yandex.ru/legal/music_termsofuse/?lang=ru.

1. General Provisions

1.1. Yandex.Mediaservices LLC (hereinafter referred to as the "Yandex") invites an Internet user (hereinafter referred to as the "User") to use Yandex.Music available at: http://music.yandex.ru, http://music.yandex.by, http://music.yandex.kz, http://music.yandex.com (hereinafter referred to as the Service).

1.2. These Terms form an annex to the User Agreement for YANDEX LLC (OGRN: 1027700229193) Services and define how to use the Service. In all matters not covered in these Terms, relations between Yandex and the User with regard to the Service shall be governed by the following documents of YANDEX LLC (OGRN: 1027700229193): User Agreement for Yandex Services (https://yandex.kz/legal/rules), the License to Use Yandex Search Engine (https://yandex.kz/legal/termsofuse), and the Privacy Policy (https://yandex.kz/legal/confidential) (hereinafter referred to as the Regulatory Documents).

1.3. By starting to use the Service / its certain functions, the User is deemed to have accepted these Terms and terms of the Regulatory Documents, in full, without any reservations and exceptions. If the User disagrees with any of the provisions of the said documents, the User may not use the Service.

1.4. Yandex may amend these Terms without any special notice; revised Terms shall come into effect once posted online at the URL specified in this paragraph, unless otherwise stipulated in revised Terms. The current Terms are always available at: https://yandex.ru/legal/music_termsofuse.

1.5. If Yandex has made any amendments to these Terms as prescribed by cl. 1.4 of these Terms, the User, in case of any disagreement with them, shall stop using the Service.

1.6. The Service enables the User to search for and listen to pieces of music (phonograms), free of charge, from their PC and to use the Service by other means keeping with the provisions of these Terms and the Regulatory Documents mentioned in cl. 1.2 of these Terms. All currently available functions of the Service along with any developments thereof and/or newly added functions are subject to these Terms.

1.7. Using the Service, the User agrees to receive promotional messages as per Part 1 of Art. 18 of the Federal Law "On Advertising". The User may unsubscribe from promotional messages by disabling respective functions in the settings https://music.yandex.ru/settings.

2. Use of the Service. Certain Functions of the Service

2.1. Phonograms and other materials posted on the website of the Service (hereinafter referred to as the "Content") are intellectual property items of their rightholders and are protected by laws. Current information on holders of rights to the Content is available at: https://yandex.ru/support/music/performers-and-copyright-holders/copyright.xml.

2.2. The Service makes it functionally possible for the authorized User to place phonograms and other materials on the Service (hereinafter referred to as the "User Content") both for own use (listening) and enabling other Users of the Service to use (listen to) them, and makes it functionally possible to edit and delete any User Content posted. The User is solely liable to third parties for actions performed to post and distribute the User Content on the Service. By posting the User Content on the Service, the User confirms and warrants that the User Content meets current legislative requirements and complies with the the Regulatory Documents mentioned in cl. 1.2 of these Terms, and that the User Content does not violate third-party rights and legitimate interests. The User understands and agrees that the User Content shall not violate third-party copyright and/or other intellectual property rights. The User undertakes to settle all third-party claims arising from posting (editing) the User Content independently and at own expense.

2.3. The User acknowledges and agrees that Yandex has no obligation to review and somehow check the User Content posted on the Service by the User, inter alia, to make sure it complies with applicable laws, including laws on the copyright and related rights.

2.4. The User acknowledges and agrees that Yandex is entitled, but not obliged, to refuse to post and/or distribute the User Content, or delete any User Content the User placed on the Service.

2.5. By posting the User Content on the Service, the User automatically, unconditionally and irrevocably grants to Yandex and YANDEX LLC (OGRN: 1027700229193), at no cost, the non-exclusive right to use the User Content worldwide while the User Content is placed on the Service, including, but not limited to, reproduce, copy, select, arrange, convert, change, edit, translate, publish, make publicly available, and distribute the User Content, in part or in whole, by any legal means. Besides, by placing the User Content on the Service, the User confirms having respective authority and powers to grant the said rights to the placed User Content to Yandex and YANDEX LLC. The User agrees that Yandex and YANDEX LLC may use the User Content posted on the Service by the User in other YANDEX LLC and Yandex's services, software applications, and in advertising or marketing materials posted on YANDEX LLC and Yandex's online resources to draw attention of other users to the Service or other YANDEX LLC and Yandex's resources and services. Yandex and YANDEX LLC may use the respective User Content with or without the name of the author of such User Content specified (if this occurs, the login of the User that posted the User Content may be used as the author's name). Yandex and YANDEX LLC may transfer the rights specified in this clause to third parties. If the User may not license any User Content to Yandex and YANDEX LLC in either way, the User shall refrain from posting such User Content on the Service.

2.6. The rights to all components of design of the Service as a whole and to its parts, to Yandex.Player software (hereinafter referred to as the "Player") meant to play phonograms posted on the Service, and to the database aggregating the Content posted on the Service (hereinafter referred to as the "Database") are vested in Yandex.

2.7. All the Content and the Player are for personal non-commercial use only to the extent the Service can technically provide. It is prohibited to copy, reproduce, process, distribute, make publicly available, or otherwise use the Content, the Player, or the Database beyond the capacity of the Service, and to use the same for any commercial purposes.

2.8. Yandex reserves the right to regulate, limit, and restrict (technically, legally, organizationally, etc.) the use of the Service as a whole or any Content and can change such regulations, limits, and restrictions as it thinks fit, with no prior notice given to the User. The said regulations, limits, and restrictions can be different for different categories of Users.

2.9. The Service provides the User with information on planned entertainments and cultural events, and enables the User to buy e-tickets to visit entertainments and cultural events.

The provision of information on events are governed by the Terms of Use of Yandex.Afisha freely available online at: https://yandex.ru/legal/afisha_termsofuse.

E-tickets shall be bought and paid for as prescribed by the Concerts and Other Events E-Ticketing Terms freely available online at: https://yandex.ru/legal/concerts_tickets_booking_conditions.

2.10. The User agrees that playlists, other compilations of, or links to the Content the User creates and/or places through the Service are not collections as defined in Article 1260 of the Civil Code of the Russian Federation, are not protected as intellectual property items, and other users of the Service can view them, if the User wishes so. Yandex shall not be held liable for any use of such collections or links by third parties.

2.11. User Data received when the Service is being used thereby shall be processed subject to the conditions outlined in the Privacy Policy which is available at: https://yandex.kz/legal/confidential. User Data may be used to assess statistical indicators, to use the Service and its Materials, to create and send personalized offers (or offers created for participants of Yandex.Plus family subscription (https://music.yandex.ru/family-plus) when the Service is being used as part of such a subscription), bonuses or gifts, and to enhance the Service usage convenience including the accuracy of the Service's personal recommendations.

2.12. Any and all questions, requests and claims related to the use/unavailability of the Service and possible infringements of laws and/or third-party rights shall be forwarded via the feedback form available at:https://yandex.ru/support/music/troubleshooting/other.html. To inform of alleged infringements of the copyright and/or related rights, rightholders shall use the form available at: https://yandex.ru/support/abuse/troubleshooting/music.html, along with instructions and tips in the Help section of the Service.

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Date of publication 29.12.2018.

Previous version of the document: https://yandex.kz/legal/music_termsofuse/06062018.

Previous version of the document: https://yandex.kz/legal/music_termsofuse/29032018.