User Agreement for Yandex Services
This is an old version of the document, which expired on December 12, 2020. The current version is available at: https://yandex.kz/legal/yandex_plus_conditions.
This document is a translation of User Agreement for Yandex Services in English. In case of conflict between the Russian version of User Agreement for Yandex Services and this translation - only the Russian version of User Agreement for Yandex Services is legally binding. The Russian version of User Agreement for Yandex Services can be found here: https://yandex.ru/legal/rules/?lang=ru.
1. General Provisions
1.1. YANDEX LLC (hereinafter – “Yandex”) offers Internet users (hereinafter – the “User”) the opportunity to use its services on the terms and conditions of this User Agreement (hereinafter - the “Agreement”, “User Agreement”). This Agreement shall take effect upon the User’s express agreement with its terms according to Clause 1.4 hereof.
1.2. Yandex offers Users access to a wide range of services including navigation, communication tools, search engine, tools for posting and storing information and materials (content), content personalization, shopping, etc. All currently available services as well as their development and/or addition of new services shall be the subject of this Agreement.
1.4. By starting the use of any services/certain functions or going through the registration procedure, the User shall be deemed to have accepted the terms of this Agreement in full without any limitations or exceptions. If the User does not agree to any provisions of this Agreement, the User must not use Yandex services. If Yandex makes any amendments to this Agreement as prescribed by Clause 1.3 hereof to which the User does not agree, the User shall cease to use any Yandex services.
2. User Registration. User Account.
2.1. To use certain Yandex services or certain specific functions of services, the User shall complete registration to create a unique account.
2.2. Upon registration the User shall provide valid and complete information requested in the registration form and shall regularly update such information. If the User provides invalid information or Yandex has reasons to believe that any information provided by the User is incomplete or invalid, Yandex may at its discretion block or delete the User’s account or deny the User the use of any services (or certain functions).
When signing up, the User may upload an image for his/her profile (user icon). The profile image can be attached to the User’s posts in Yandex services. The profile image shall meet the requirements of Section 4 of this Agreement.
When the User uses his/her image as a profile image, the User is aware and agrees that Yandex may publish and further use the User’s image in Yandex services, promotional items, corporate blogs, and Yandex accounts in third-party resources.
2.3. Yandex reserves the right to require at any time that the User confirm the details he or she has specified in the Personal Account (including the details of the Linked Card) and the details containing information about the User, as well as other information related to using Yandex services which the User can access having logged in with the User's Personal Account in Yandex (its affiliates') services. Yandex shall reserve the right to require at any time that the User verify the information provided upon registration and to request supporting documents (personal identification documents in particular); failure to provide these documents may, at Yandex's discretion, be regarded as provision of invalid information and entail consequences according to Clause 2.2 hereof. In case the User's information specified in the documents provided by him/her fails to conform to the information provided upon registration or if the information provided upon registration does not make it possible to identify the User, Yandex shall reserve the right to deny User's access to the User account and to usage of Yandex services.
2.5. Means of access to the User’s account.
2.5.1. When registering, the User himself chooses the login (a unique symbolic name of the User's Personal Account) and the password for access to the Personal Account. Yandex has the right to prohibit to use specific logins and to identify the requirements for login and password (length, admissible characters etc.)
18.104.22.168. The User may have a possibility to go through a simplified procedure of registration of the Personal Account by means of specifying the User’s cell phone number, name and surname. Subsequent authorization in Yandex services is carried out by the User by means of entering the cell phone number specified upon registration and the confirmation code sent to this number. In some cases, the user may have to enter the name and the surname specified upon registration for authorization.
The use of specific services and/or specific functions of Yandex services with the use of the Personal Account created under a simplified procedure may be not available. To use the functions of Yandex services fully the User needs to choose a login and a password for his Personal Account in accordance with the procedure prescribed by paragraph 2.5.1 of the Agreement.
2.5.2 After registration of the Personal Account in accordance with the procedure prescribed by paragraph 2.5.1 of the Agreement, the User has the possibility to start using an alternative mean of authentication to access the Personal account by replacing the set password with it. The access to such a mean is provided through setting a two-factor authentication in the User’s Personal Account management interface.
2.5.3 After the User logs in, account details the User entered on his or her device can be automatically saved in the device’s browser before the User winds it up with his or her account and will not require any additional means to access the account each time Yandex services are used.
The user account details automatically saved in the device’s browser can be used to access Yandex services, including services, websites, applications, and any other software products of its affiliates (including those belonging to the same group as YANDEX LLC) and Beru service (https://beru.ru), except as specified in cl. 2.8.2 of this Agreement.
2.6. The User shall be responsible for security of the chosen means of access to his/her account and for confidentiality of such means. The User shall be responsible for any actions (and their consequences) in and with Yandex services through the User’s account including voluntary transfer by the User of information required to access the User account to third parties on any conditions (including by contracts or agreements). Any actions in or with Yandex services performed through the User’s account shall be considered done by the User, except for the cases when the User as prescribed by Clause 2.6 hereof notifies Yandex of unauthorized access to Yandex services through the User’s account and/or any other breach (alleged breach) of confidentiality of the chosen means of access to his/her account (password or means of two-factor authentication).
2.7. The User shall promptly inform Yandex of any instances of unauthorized (not allowed by the User) access to Yandex services through the User’s account and/or any breach (alleged breach) of confidentiality of the chosen means of access to his/her account. For security reasons, the User shall securely log out after completing each session (Log Out button) of operating Yandex services. Yandex shall not be responsible for any potential loss or damage of information as well as any other consequences appearing as a result of failure by the User to comply with this part of this Agreement.
2.8. Account use by the User.
2.8.1. The User may not reproduce, duplicate or copy, sell, resell or use for any commercial purposes any parts of Yandex services (including content available to the User through services) or access to Yandex services, except when authorized by Yandex or it is directly stated in the user agreement for any service.
2.8.2. Certain categories of User accounts may restrict or disable the use of certain Yandex services or some of their options if required so by the registration or user terms and conditions regulating such services.
2.9. Account termination. Yandex may block or delete the User’s account as well as prohibit access through any account to certain Yandex services and delete any content without giving reasons including in case the User violates the terms of this Agreement and terms of any documents listed in Clause 1.3 hereof and in case of failure to use a service, including the following:
2.9.1. A mailbox at Yandex.Mail is deleted if the User does not use it for over 24 months.
2.10. User account deletion.
2.10.1. The User may at any time delete its account at all Yandex services or, if such option is available, terminate the account in respect of certain services.
2.10.2. An account shall be deleted by Yandex as follows:
22.214.171.124. an account is blocked for one month during which the User cannot access its account, while the content posted through such account may be deleted;
126.96.36.199. if within such period the User's account is restored, the User’s access to the account will be renewed, but the content posted through such account might not be restored;
188.8.131.52. if within such period, the User’s account is not restored, all content posted through the account shall be deleted, and the login shall be available to other users. From such moment, restoration of account or any related information as well as access to Yandex services through the account is not available.
2.10.3. The procedure described in Clauses 184.108.40.206., 220.127.116.11., 18.104.22.168 hereof (except for login availability to other users) shall also apply to prohibiting access through any account to certain services.
3. General Usage and Storing Provisions
3.1. Yandex may impose restrictions on the use of services for all Users or certain categories of Users (depending on the User’s location, language of the service, etc.) including: availability/unavailability of certain service functions, period of storing messages at Yandex.Mail service and any other content, maximum number of messages that can be sent or received by one registered user, maximum size of an electronic message or disc space, maximum number of service uses in a certain period, maximum period of content storage, special parameters of downloadable content, etc. Yandex may prohibit automatic requests to its servers as well as terminate acceptance of any automatically generated information (for instance, electronic spam).
To protect the User’s equipment and own equipment, Yandex may limit the receipt and delivery of any messages to the User when such messages contain malicious software or code or when automatic filters and anti-virus protection of Yandex detected such malicious software or codes in these messages. The User is notified and agrees that Yandex may, for the purposes stated, analyze and study such malicious software and codes contained in the said messages to improve the quality of automated filters and anti-virus protection of Yandex.
3.2. Yandex has the right to send information messages to the users. Using the services of Yandex, the User agrees to receive advertising messages in accordance with Part 1, Article 18 of the Law "On Advertising". The User has the right to decline receiving advertising messages by using the corresponding functionality of the service, as part of which or in connection with which the User has received advertising messages.
The User hereby authorizes Yandex to notify other Service Users about new publications being posted by the User, as well as about the User’s actions with regard to the other Users’ Content and other activities performed by the User in the Service.
3.3. In order to improve the quality of the services, Yandex and/or the persons involved by it to perform the survey may collect opinions and feedback from the Users on various matters by sending an information message when the User next visits the service or by communicating the User using his/her contact details specified in the User's account (by phone or e-mail). The opinions and feedback may be used to generate statistics that may be used in Yandex services. The feedback provided by the User during the survey may also be published by Yandex in the Yandex services or in the services of Yandex-affiliated persons, both with and without the User's name (login). When giving feedback, the User shall observe the requirements hereof, including the requirements of paragraph 5 hereof.
4. User Content
4.1. The User shall be responsible for compliance of any content posted by the User with applicable legal requirements including responsibility to third parties in case posting by the User of any content or its subject matter infringes on rights and legitimate interests of third parties including personal non-property rights of authors, any other intellectual property rights of third parties and/or encroaches on other intangible assets.
4.2. The User acknowledges and agrees that Yandex is not under obligation to review any content posted and/or distributed by the User through Yandex services and that Yandex has the right (but shall not be obliged to) at its discretion to prohibit the User from posting and/or distributing content or may remove any content available through Yandex services. The User acknowledges and agrees that the User shall independently assess any risks related to using content including its reliability, validity or usefulness.
4.3. The User acknowledges and agrees that technologies of service operation may require reproduction (replication) of User content by Yandex as well as its processing by Yandex for compliance with technical requirements of a particular service.
5. Terms of Yandex Service Use
5.1. The User shall be responsible to third parties for any actions related to the use of Service including any actions resulting in violation of rights and legitimate interests of third parties as well as compliance with laws upon using the Service.
5.2. Upon using Yandex Service, the User shall not:
5.2.1. download, send, transmit or in any other way post and/or distribute any content that is illegal, harmful, slanderous, unethical or violates intellectual property rights, promotes hatred and/or racial, ethnic, sexual, religious or social discrimination or is insulting to any persons and/or organizations;
5.2.2. violate third party rights including underage people and/or cause harm in any way;
5.2.3. impersonate any other person or representative of an organization and/or community without being authorized to do so, including employees of Yandex, forum moderators, website owners and apply any other forms and methods of unlawful representation of other persons online as well as mislead other users and Yandex regarding features and characteristics of any subjects or objects;
5.2.4. download, send, transmit or otherwise post and/or distribute content if not authorized to do so by law or contract;
5.2.5. download, send, transmit or otherwise post and/or distribute unauthorized advertising information, spam (including spamdexing), lists of e-mail addresses of other people, pyramid schemes, multilevel marketing (MLM), Internet earning systems and e-mail businesses, chain letters as well as use Yandex service for participation in any of the above;
5.2.6. download, send, transmit or otherwise post and/or distribute any materials containing viruses or other computer codes, files or programs designed to breach, destroy or limit the operation of any computer or telecommunication equipment or software, for unauthorized access as well as serial numbers to commercial software and generation programs, logins, passwords and other means to receive authorized access to fee-based online resources, or post links to such information;
5.2.7. collect and store personal information of other persons without proper authorization;
5.2.8. interfere with regular operation of Yandex websites and services;
5.2.9. assist any actions to violate any restrictions and prohibitions imposed by this Agreement;
5.2.10. otherwise violate legal standards including international law.
6. Exclusive Rights to Services and Content
6.1. Any objects available through Yandex services including design elements, text, graphics, illustrations, video, software, databases, music, soundtracks and other objects (hereinafter – service content) as well as any content posted at Yandex services are exclusive property of Yandex, Users and other right holders.
The personal non-commercial use by the User of service content elements and any content is authorized upon preservation of all marks of copyright, associated rights, trademarks, other notices of copyright, preservation of the name (pseudonym) of the author/right holder’s name unchanged and preservation of corresponding object unchanged. The exception shall be cases directly stated by Russian laws or user agreements of certain Yandex services.
7. Third Party Websites and Content
7.1. Yandex services may content links to other websites (third party websites). Such third parties and their content are not verified by Yandex for compliance with any requirements (validity, completeness, accuracy, etc.). Yandex shall not be responsible for any information or materials posted at third party websites that the User may access through the services including any opinions or statements at third party websites, advertising, etc. as well as availability of such websites or content and consequences of their use by the User.
7.2. A link (in any format) to any website, product, service, any commercial or non-commercial information published on the Website shall not be considered as approval or recommendation of such products (services, activities) by Yandex, unless directly stated at Yandex resources.
8. Advertising at Yandex Services
8.1. Yandex shall be responsible for its advertising at Yandex services to the extent prescribed by Russian laws.
9. No Guarantees, Limitation of Liability
9.1. The User uses Yandex services at his own risk. Services are provided as is. Yandex accepts not responsibility including for compliance of services with the User's goals;
9.2. Yandex does not guarantee that services comply/will comply with User's requirements; that services will be provided without interruptions, promptly, sustainably and without errors; that results received with the use of services are accurate and reliable and may be used for any purposes or in any capacity (for instance, for identification and/or verification of any facts); that the quality of any product, service, information, etc. received through the services will meet the User's expectations;
9.3. Any information and/or materials (including downloadable software, messages, any instructions and guidelines, etc.) which the User accesses through Yandex services may be used by the User at his own risk and the User shall be responsible for any potential consequences of the use of such information and/or materials including any damage to the User’s computer or third parties, loss of information or any other damage;
9.4. Yandex shall not be liable for any losses resulting from the User using Yandex services or separate parts/ functions of services;
9.5. Under any circumstances, Yandex’s liability under Article 15 of the Civil Code of Russia is limited to 10,000 (ten thousand) RF rubles and shall be imposed in case of guilty actions.
10. Other Provisions
10.1. This Agreement is an agreement between the User and Yandex regarding the procedure of using services and shall replace all previous agreements between the User and Yandex.
10.2. This Agreement shall be regulated and interpreted according to laws of the Russian Federation. Any issues not regulated hereby shall be settled according to Russian law. Any disputes arising out of relations regulated by this Agreement shall be settled as prescribed by applicable Russian laws according to Russian legal standards. In any part of this Agreement, unless otherwise stated, the term “law” shall mean laws of the Russian Federation as well as laws of the country of the User’s location.
10.3. Due to the fact that services under this Agreement are provided free of charge, standards on consumer rights' protection under Russian laws shall not apply to relations between the User and Yandex.
10.4. Nothing in this Agreement shall be interpreted as agency, partnership, mutual activities, employment or any other relations not directly stated in this Agreement.
10.5. If for any reasons one or several provisions of this Agreement are declared invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions hereof.
10.6. Failure by Yandex to act in case of violation by the User or any other users of the provisions of this Agreement shall not deprive Yandex of the right to take action to protect its interests in the future and shall not be interpreted as waiver by Yandex of its rights in case of any future similar or identical violations.
10.7. This Agreement is made in the Russian language and in certain cases may be provided to the User for review in a different language. In case of any differences between the Russian text of this Agreement and the text of this Agreement in any other language, the Russian text shall prevail.
Date of publication: 22.06.2020
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