YANDEX LLC, OGRN (primary state registration number) 1027700229193, (hereinafter referred to as Yandex) offers to the recipient (hereinafter referred to as the Recipient) to use Yandex Rich Content API on the terms and conditions set out herein (hereinafter referred to as the Terms).
1. General Terms
1.1. Terms and Definitions
API Key - unique identifier issued to the Recipient by Yandex to enable access to functions of the Service through the API Client.
Data – information intended to provide the End User, including but not limited to, the following information: text summary, links to images on the page, links to videos on the page and their duration, title, page URL. Yandex may change the Data at any time without notice.
API Client – website, software, mobile application, as well as any other product of the Recipient, which the Recipient provides the End Users.
End Users – persons, who use the Recipient’s API Client and receive the Data via the Service.
Service – Yandex Rich Content API service, which is an application programming interface enabling access to the Data (including temporary stored on Yandex’s servers) for the purpose of its use in API Client.
1.2. The use of the Service by the Recipient is subject to these Terms as well as by the following documents:
1.2.1. User Agreement for Yandex Services posted at https://yandex.ru/legal/rules/?lang=en;
1.2.2. License to Use Yandex Search Engine posted at https://yandex.ru/legal/termsofuse/?lang=en;
1.3. By starting to use the Service or its separate functions, in particular, by signing up with the Service, by receiving an API-Key, by installing the Service code in the API Client or by using any other functionality provided by the Service, the Recipient expresses his full and unconditional acceptance of all the requirements set out in the Terms and the Rules, agrees and acknowledges that the Terms and the Rules apply to the relationship between the Recipient and Yandex arising from the use of the Service, and undertakes to comply therewith. Using the Service on conditions other than those provided herein shall not be allowed unless authorized in writing by Yandex. If the Recipient does not agree to any of the terms of the abovementioned documents, such Recipient shall immediately cease using the Service.
1.4. The Recipient is responsible for compliance with the Applicable Law in using the Service. In all parts of these Terms, unless expressly stated otherwise, the term "Applicable Law" shall mean both the law of the Russian Federation and the laws of countries of the Recipient's current location or the location of Recipient’s hardware, as well as of other jurisdictions where he performs legally significant acts hereunder, including but not limited to, any and all by-laws, as well as their binding interpretations and clarifications. If the use of any function or feature provided by the Service by the Recipient is found in breach of the Applicable Law, the Recipient shall refrain from using the Service in its entirety.
1.5. These Terms and relations between Yandex and the Recipient arising from the use of the Service shall be subject to the laws of the Russian Federation, and all disputes arising from application of the Terms or the use of the Service shall be settled by the court at the Yandex’s location subject to the mandatory pre-trial settlement of disputes by means of the Recipient requests via the feedback form according to section 6.1 of the Terms.
2. Use of the Service
2.1. Registration, Yandex’s consent and providing the API-Key. To get access to the Service, the Recipient must sign up, strictly fulfilling the requirements of the Service interface, and obtain the Yandex’s consent for the use of the Service through receipt the API-Key. Yandex reserves the right in its sole discretion to withhold access to the Service for any reason. The Recipient may not use any programs, devices or other tools, which help to get the API-Key automatically or in any other way in violation of the procedure established by Yandex.
2.2. Purpose of the use. The Recipient may not use the Service to create Internet services, software programs or in any other way, if such use entails violation of the Applicable Law, the Rules, the Terms and/or rights and legitimate interests of third parties.
2.3. Rules for displaying the Data. Data placement is permitted in any design.
2.4. Limit to the number of queries. Yandex may set limit to the number of the Recipient’s queries and may change it without prior notification of the Recipient. In the event that the limit to the number of the queries set by Yandex is exceeded, Yandex reserves the right to deny access to the Service.
2.5. No changing the Data. When using the Service, the Recipient may not remove, hide or modify any trademarks, logos, links and other references to Yandex and other parties contained in the Data obtained via the Service, as well as any other notifications and/or information transferred by the Service together with the Data.
2.6. Invalid use of the Service code. The Recipient may not change, decompile and/or otherwise modify the Service code. This rule does not apply to the code and scripts obtained as examples in description of the Service. These data are distributed free of charge and can be changed, modified and otherwise converted, provided that they have references to Yandex.
2.8. Service modification. Yandex reserves the right to change, improve and update the Service at any moment without notifying the Recipient. Yandex shall inform on the next stable release on the Service web pages. Once the new release of the Service is introduced, Yandex shall not guarantee stability and run duration of its out-of-date versions. The Recipient not willing to use the upgraded Service version can either continue using the previous Service version at the Recipient’s own risk or stop using the Service by removing the relevant code from the Recipient's website(s).
2.9. Suspension of the Service. Yandex shall have the right, in its sole discretion, without notice and giving no reason, to terminate or suspend the Recipient's access to the Service, particularly when the Recipient violates the requirements of these Terms.
2.10. Alleged violation of the exclusive rights of third parties. The Recipient acknowledges and agrees that it is solely responsible for blocking reproduction of the Data obtained via the Service in response to the notification about the alleged infringement of the exclusive rights of third parties in accordance with applicable legislation.
2.11. Requirements for the API Client. The API Client which uses the Service may not violate the law or the rights and legitimate interests of third parties, as well as contain malware (or may not be a malicious program), interfere with the operation of the Service, negatively affecting the functionality of the Service; cache Data provided to the End User. The Recipient shall be solely responsible to third parties for the maintenance and use of the Service via the API Client.
3. Intellectual Property Rights
3.1. The exclusive right to the Service is owned by Yandex. The exclusive rights to the Data are owned by Yandex and/or other right holders. These Terms shall not grant to the Recipient any rights to use the Service or Data except as provided directly within the Service interface in accordance with these Terms.
3.2. By using the Service, the Recipient allows Yandex to use the Recipient's website logo, trademark and/or trade name for informational, promotional and marketing purposes without any need to get additional consent of the Recipient and without paying any fee for such use.
4. Limitation of Liability
4.1. Yandex shall provide the Service (including the Data) on an "as is" basis. Yandex shall not guarantee that the Service and the Data will meet the Recipient's purposes and expectations. Yandex shall not guarantee neither the uninterrupted and error-free operation of the Service as a whole and of its certain components and/or functions nor the reliability, accuracy, completeness and timeliness of the Data. Yandex shall not guarantee the uninterrupted and error-free operation of third-party software products and solutions (including libraries) recommended for use with the Service in specification and other documentation related to the Service use.
4.2. The Recipient shall be responsible for the use and safety of its API-Key. The Recipient may not obtain an API-Key for third parties or transfer or give it to third parties. Yandex shall not be responsible for the unauthorized use of the API-Key by third parties. All actions taken at the Service with the API-Key assigned to the Recipient shall be regarded as committed by the Recipient.
4.3. Yandex does not guarantee the availability of the Data. Yandex is not responsible if the Data is unavailable or disappears entirely.
4.4. Yandex is just an intermediary. As an intermediary linking to the Data, Yandex is not responsible for the use of the Data, which the Recipient uses in its sole risk, including the damage it may cause to the Recipient, the device of the Recipient or third parties, for any loss of the Data, violation of rights, or any other damage. Yandex is not responsible for reimbursement of any losses incurred as a result of the use or inability to use the Service by the Recipient or its separate parts / functions, including possible errors or malfunctions, except as expressly required by law.
4.5. Yandex shall not monitor, scan, edit or control the Data and does not guarantee that the Data does not violate any provisions of the Terms, legal acts and other documents. The Recipient acknowledges and agrees that Yandex shall not preview the Data of any kind, hosted and/or distributed via the Service. The Recipient acknowledges and agrees that he shall evaluate all the risks associated with the use of Data hosted in the Service, including the assessment of the reliability, completeness, safety, lawfulness or the utility of these Data.
4.6. The Recipient hereby undertakes to indemnify and hold Yandex harmless from and against any and all loss, liability, damages and expense (including reasonable attorneys’ fees and costs) incurred as a result of any claims, proceeding or lawsuits arising out of the use of the Service and/or the Data by the Recipient and/or the End User in breach (or in alleged breach) of any provisions of the Rules and the Terms.
5. Providing Data
6. Miscellaneous Provisions
6.1. All questions and claims related to the use/inability to use the Service shall be send via the feedback form located at http://feedback2.yandex.com/rca.
6.2. Yandex shall be entitled to amend the text of these Terms at any time without giving notice to the Recipient. The current version of these Terms is posted at https://yandex.kz/legal/rca_termsofuse. Any new version of the Terms shall come into force when posted on the Internet at the address mentioned above in this section. The continued use of the Service after the Terms has been amended is construed as acceptance of their new version. The Recipient shall stop using the Service, if the Recipient does not agree to any amendments introduced by Yandex to these Terms.
6.3. The Recipient represents and warrants that the information provided by the Recipient is true and accurate; the Recipient has the full legal capacity necessary to the use of the Service according to the Terms; and acknowledge that the Recipient has read the Terms, understands, and agrees to be bound by their conditions.
Date of publication: 06.12.2013 г.
Previous version of the document: https://yandex.kz/legal/rca_termsofuse/12092013.