Yandex Europe AG (“Yandex”), a company organized and existing under the laws of Switzerland, with its registered address at Werftestrasse 4, 6005 Lucern, Switzerland, hereby offers the Internet user (“User”) to use the Yandex.Store service (“Service”) to view, search and download mobile applications, music and other sound files, photos, videos and other images, text files, data files and other digital content (“Content”), including but not limited to via the special Yandex.Store software installed on the User’s mobile device (“Mobile Application”), on the terms determined by third parties who place Content in the Service for the purposes of its distribution by Yandex (“Suppliers”).
1. General Provisions
1.2. By beginning to use the Service or any of its separate functions, the User is considered to have accepted these Terms, as well as the terms and conditions of all the documents mentioned in Section 1.1, in full, without any reservations or omissions. If the User does not agree with any of the provisions of the mentioned documents, the User may not use the Service.
2. Use of the Service and Its Certain Functions
2.1. User must use the Service via his or her account created under the User Agreement for Yandex Services (https://yandex.ru/legal/rules/?lang=en) or without using of his or her account according to Section 5* of these Terms. Yandex reserves the right, at its sole discretion, to limit the User’s access to the Service (or to its certain functions, if technically possible) with the User’s account or without it, or to fully deactivate the User’s account in case of repeated breach of these Terms by the User, or to take other measures in relation to the User to ensure compliance with applicable law or protection of third party rights and interests.
2.2. The Service is available to Users in legal capacity and in the age of at least 14 years. Users in the age of 14 to 18 years may use the Service if the actions comprising such use are taken by the User’s parent or legal representative who has authority to act on the User’s behalf, or with their consent.
2.3. Yandex may (but is in no event obligated to) pre-moderate, classify, filter, moderate and/or rate any Content, as well as to remove any Content from the Service. Notwithstanding the foregoing, the User hereby understands and agrees that Yandex shall not be liable for the contents of the Content or the information available through it, and the User reviews such contents and/or information at his or her own risk.
2.4. The User hereby understands and agrees that if Yandex or the Supplier removes Content from the Service, including but not limited to due to such Content breaching any requirements set forth by Yandex or any applicable law, the copy of such Content may be removed from the User’s device or the access to such copy may be limited.
2.5. The User hereby understands and agrees that the Content on the User’s device may be automatically updated on a regular basis for the purpose of delivery of new versions, fixing errors or installing additional plugins and features. For these purposes, the Content may automatically exchange data with Yandex’s and/or the Suppliers’ servers.
2.6. In using functions of the Service that allow the authorized User to place materials in the sections of the Service available to third parties (including but not limited to Content reviews), the User must comply with any law applicable to such placement and not to violate the rights of Yandex and/or third parties. The User represents and warrants that he or she has all the necessary rights and permissions to place such materials on the Service. Yandex may (but is in no event obligated to) control the placement of any such User’s material on the Service, including but not limited to reject, remove or modify any such material.
2.7. The User shall use the Service solely for its immediate purpose, including for the purposes stated in these Terms.
2.8. The User shall not take any action that may lead to an error in the Service, including in search for or distribution of any Content.
2.9. The User shall be solely responsible for compliance with any applicable law in using the Service, including the laws of Switzerland as well as the laws of the User’s place of residence or the place where the User takes any legally relevant action under these Terms. If the use of any of the Service’s features leads to a breach of any applicable law, the User shall cease using the Service.
2.10. The Service and the Mobile Application must be used (including distributed) under the name of “Yandex.Store”. In certain occasions (including but not limited to when the User accesses the Service via a special version of the website and/or the Mobile Application offered under agreements between Yandex and Yandex’s third party partners) the Service and/or the Mobile Application may be presented to the User under different names. Notwithstanding the name under which the User accesses the Service and/or the Mobile Application, the User shall not modify or remove the name of the Service and/or the Mobile Application, copyright or other intellectual property rights notices, as well as any other designations of Yandex and/or Yandex’s partners.
2.11. If the User accesses the Service via a special version of the website and/or the Mobile Application offer under agreements between Yandex and Yandex’s third party partners, such third parties may provide additional services and/or features to the User. The User understands and agrees that the terms and conditions of use of any such additional services and/or features are determined by Yandex’s third party partners, and the User shall review and accept such terms and conditions before beginning to use such additional services and/or features. Yandex hereby expressly disclaims any and all warranties and/or liability to and before the User in relation to such additional services and/or features, including for any information available via such additional services and/or features.
3. Intellectual Property Rights
3.1. The User hereby understands and agrees that all copyrights, patent, trademark, know-how and other intellectual property rights (“Intellectual Property Rights”) in relation to the Service and the Mobile Application are owned by Yandex and/or other right holders. User’s rights to use the Mobile Application are governed by Section 4 of these Terms.
3.2. The User hereby understands and agrees that all Intellectual Property Rights in relation to the Content are owned by Suppliers and/or other right holders. User’s rights to use the Content are governed by end user license agreements determined by Suppliers and communicated to the User by Yandex. The User must review such end user license agreements and accept their terms before beginning to use any Content. In case such an end user license agreement is not provided in relation to any Content, the User is granted a non-exclusive, non-transferable, worldwide license to use such Content on the User’s device perpetually (or, if the Content was provided to the User for a limited term — during such term).
4. Mobile Application
4.1. The User may access the Service via the Mobile Application. Yandex hereby grants to User a royalty-free, non-exclusive, non-transferable, perpetual, worldwide license in the Mobile Application with the right to:
4.1.1. use the Mobile Application in accordance with its functionality by copying and installing it on any number of the User's mobile devices for the same purpose; and
4.1.2. reproduce and distribute the Mobile Application for personal non-commercial purposes (for free).
4.2. Except as expressly allowed by these Terms or applicable law, the User shall not modify, decompile, disassemble, decrypt or perform other activities with the object code of the Mobile Application for the purpose of obtaining information on how algorithms in the Mobile Application are implemented, create derivative products using the Mobile Application, or otherwise use, or allow other persons to use, the Mobile Application or any of its components without Yandex’s written consent.
4.3. The User shall not reproduce, distribute, communicate, make the Software available for the general public or otherwise use the Software for commercial purposes (including for a fee), including as part of software bundles or collections without Yandex’s written consent.
4.4. The User shall distribute the Mobile application as provided by and received from Yandex, unless otherwise agreed with Yandex in writing.
5*. Terms of the Unpaid Content provided to unauthorized Users
Unauthorized Users shall have the opportunity to download only unpaid Content. Unauthorized User shall not use functions of the Service that allow the authorized User to place materials in the sections of the Service available to third parties (including but not limited to Content reviews).
5. Sale Terms of the Paid Content
5.1. General terms
5.1.1. Authorized Users shall have the opportunity to download both paid and unpaid Content. The paid Content may be downloaded by the users authorized in accordance with Section 2.1 of these Terms, subject to making an entry on payment information in the User account as required for payment of the paid Content purchased. The terms of this chapter provided below shall not apply to the Content in the event that the Supplier places it in Service without any charge for the User (including, but not limited to, during the period of the Supplier’s sales promotion).
5.1.2. The User agrees to initially provide Yandex, by means of the Service, with such payment details sufficient to purchase the paid Content, depending upon the chosen payment method. The User shall provide payment details by entering them in the User account. The User shall independently choose the appropriate payment method from the list offered by Yandex. The User may change the preferred payment method at any time.
5.1.3. The User shall make payment for the purchased paid Content on a pre-paid basis via bank transfer through methods which the Service offers at the time of acquiring the paid Content. The User understands and agrees to the fact that the payment procedures and methods may contain inter alia additional requirements stipulated by third parties (payment operators). The User shall read and agree to such requirements prior to choosing any payment method. Yandex is entitled to cancel and add payment methods unilaterally and without any additional notification to Users.
5.1.4. The purchase of the paid Content is a single online transaction with the Supplier. The User acknowledges that the consent which he or she provides in electronic form represents the User’s acceptance of, and intention to be bound by, such transactions and make payment for such deals. The User’s consent and his or her intention to accept corresponding obligations shall apply to all the User’s actions in respect of any transaction effected by the User through the Service.
5.1.5. The cost of the paid Content shall be determined solely by the Supplier. Yandex has no control over the cost of the Content under any circumstances.
5.1.6. The Supplier may change the cost of the paid Content without notifying the User in advance, at any time until completion of purchase. In the event of single or repeated reduction of the paid Content cost by the Supplier, no reimbursement of the difference in cost between the already purchased paid Content and the paid Content with reduced cost shall be provided.
5.1.7. Under the purchase of the paid Content, the User shall be responsible for payment of taxes, duties, charges and other mandatory payments stipulated by the legislation of the country of the User’s residence.
5.1.8. The Content paid by the User shall be downloaded to the User’s mobile device in online mode upon receipt of cash funds for the purchased Content by the Supplier. It is understood that the Supplier reserves the right to offer the Content for download prior to receiving cost funds. The Supplier shall be considered to fulfill its obligations for sale of the paid Content upon providing access to its downloading.
5.1.9. All sales of the paid Content shall be final. The User is granted a trial usage period in respect of the paid Content equal to 15 (fifteen) minutes as of payment of the Content and its accessibility for download to mobile devices. If during the trial usage period of the paid Content the User decides to return it, Yandex shall cancel the corresponding transaction within reasonable time as of receipt of information on the Content’s return and its deletion from the mobile device. Upon expiration of the trial usage period, any return of the previously acquired paid Content is prohibited.
5.1.10. Following the return of the previously acquired paid Content in accordance with section 5.1.9, the User’s access to the said Content shall be terminated.
5.2.1. The Supplier may offer to the User the additional option in respect of periodic payment for the paid Content and download thereof to User mobile devices referred to as the Subscription. Subscription payment shall be made in accordance with section 5.1 hereof, subject to observance of section 5.2 stipulating particular terms of Subscription use.
5.2.2. The Subscription purchase is an electronically effected transaction with the Supplier involving periodic payment to the Supplier without the User’s additional consent. The Subscription shall be purchased in accordance with payment methods chosen in the User’s personal account.
5.2.3. When purchasing the Subscription, the User expresses his or her unconditional consent and intention to accept corresponding obligations for periodic payment of the paid Content, including the performance of future transactions requiring no additional User consent.
5.2.4. The amount of periodic payments under the Subscription shall be determined solely by the Supplier and may be changed by the Supplier at any time prior to the subsequent payment transaction. The User shall be notified in advance about the forthcoming change by e-mail. In case of objection to the changed amount of periodic payments, the User is entitled to cancel the Subscription in accordance with section 5.2.5 of these Terms.
5.2.5. The User is entitled to cancel the Subscription at any time prior to the subsequent transaction for payment of the Content. All sales of the paid Content are final, meaning that should the subsequent transaction for payment of the Content under the Subscription be performed, such payments are not subject to cancellation, while cost funds paid to the Supplier are not subject to return to the User. The User is responsible for advance notice to Yandex regarding Subscription cancellation. If Yandex is notified about Subscription cancellation, the Subscription shall be cancelled on the last day of the previously paid period.
5.2.6. The User is granted a trial usage period in respect of the Subscription determined by the Supplier. If the User decides to cancel the Subscription during the trial usage period, Yandex shall cancel the purchase transaction within reasonable time as of receipt of the corresponding notification from the User and deletion of the downloaded paid Content from the User’s mobile device. Upon expiration of the trial usage period, any returns of the previously purchased paid Content are prohibited.
5.3. Purchases within Content
5.3.1. As part of the purchased Content, the User may be offered to acquire additional options or different content through a purchase form within the Content. Such right may be provided solely by the Content Supplier.
5.3.2. Only User authorized in accordance with Section 2.1 and Section 5.1.1 of these Terms may be offered to acquire and download additional options or different content.
5.3.3. In respect of purchases within Content, all purchases are considered final, no trial period exists; no returns or transaction cancellations are allowed.
5.4. Loyalty Program
5.4.1. For the purposes of the loyalty program (hereinafter the “Loyalty Program”), the User may apply additional standard payment units referred to as bonuses (hereinafter the “Bonuses”) to pay for the Content acquired under Sections 5.1, 5.2 and 5.3 of these Terms.
5.4.2. Any User authorized in accordance with Section 2.1 of these Terms may participate in the Loyalty Program.
5.4.3. When the User pays for the Content using the chosen payment method (except using of Bonuses), the User’s Bonus Account (hereinafter the “Bonus Account”) shall receive the number of Bonuses equivalent to ten (10) percent of the cost of the Content the User has paid for according to the spreadsheet located at: http://help.yandex.com/developer-console/pricing.xml
5.4.4. For the purposes of the Loyalty Program, the User shall be automatically identified through the account created by the User under the User Agreement for Yandex Services (https://yandex.ru/legal/rules/?lang=en). The Bonus Account shall be an integral part of the User account.
5.4.5. The Bonuses shall not and may not be regarded as payment instruments, currency or securities of any type, or Yandex’s financial obligation to the User. No Bonuses may be assigned to any third parties or converted into any currency.
5.4.6. Any User may apply the Bonuses obtained through the Loyalty Program to purchase any paid Content in compliance with Sections 5.1, 5.2 and 5.3 of these Terms.
5.4.7. The Bonuses shall only be used by the authorized User to acquire the paid Content through the User account, provided that the number of Bonuses in the User’s possession is sufficient to pay for such paid Content fully with the Bonuses.
5.4.8. The paid Content purchased by the User with the Bonuses may be returned in compliance with Section 5.1.9, 5.2.5 and 5.3.2 of these Terms.
5.4.9. The Bonuses shall expire in 36 months from the purchase date of paid Content and corresponding receipt of Bonuses. Upon the expiry of the abovementioned period, the unused Bonuses shall be automatically cancelled. However, the User’s participation in the Loyalty Program shall continue in accordance with Section 5.4 of these Terms.
5.4.10. Whenever the User’s access to the Service through the User account is limited or the User account is fully deactivated under Section 2.1 of these Terms, the User’s access to the User’s Bonus Account shall also be limited or deactivated. In case of repeated breach of these Terms by the User, Yandex shall reserve the right, at its sole discretion, either to terminate the User’s participation in the Loyalty Program and, therefore, cancel all the User’s Bonuses or to take any other measures against the User to comply with any legal requirements or rights and lawful interests of any third parties.
6. Personal Information
6.2. The User hereby acknowledges and agrees that during the use of the Mobile Application and/or the Service by the User, the following User information is automatically transferred to Yandex: type and model of the User’s mobile device, the User’s mobile device operation system, the Mobile Application’s version and identifier, the list of Content downloaded by the User, Mobile Application and Service usage statistics, mobile phone number, SIM-card serial number, geolocation information (if allowed by the User), search queries (if allowed by the User), as well as other technical information.
7. Modification and Termination of These Terms
7.1. These Terms may be modified by Yandex unilaterally without any notice. The new version of the Terms shall become effective at the time it is placed online on the webpage specified herein, unless otherwise provided by the new version of the Terms. The version of the Terms currently in effect is always located at https://yandex.kz/legal/store_termsofuse. In case Yandex makes any changes to these Terms as provided in this Section to which the User does not agree, the User must cease using the Service.
7.2. These Terms may be terminated:
7.2.1. by the User — if the User ceases using the Service, the Mobile Application and any Content;
7.2.2. by Yandex — if the User breaches these Terms or any documents mentioned in Section 1.1 of these Terms, as well as if Yandex terminates the User’s access to the Service under Section 2.1 of these Terms.
8. Disclaimer of Warranties
8.1. THE USER HEREBY UNDERSTANDS AND AGREES THAT USE OF THE SERVICE, THE MOBILE APPLICATION AND ANY CONTENT IS AT THE USER’S OWN RISK, AND THAT THE SERVICE AND THE MOBILE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
8.2. THE USER AGREES TO USE THE SERVICE, THE MOBILE APPLICATION AND ANY CONTENT AT HIS OR HER OWN DISCRETION AND RISK, AND SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER, MOBILE OR OTHER DEVICE OR ANY LOSS OF DATA DUE TO SUCH USE.
8.3. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YANDEX HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, IN RELATION TO THE SERVICE, THE MOBILE APPLICATION AND ANY CONTENT.
9. Limitation of Liability
9.1. THE USER HEREBY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YANDEX, ITS AFFILIATES, THEIR RESPECTIVE EMPLOYEES AND CONTRACTORS SHALL NOT BE LIABLE BEFORE THE USER (WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY) FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT THE USER MAY SUFFER IN RELATION TO THE USE OF THE SERVICE, THE MOBILE APPLICATION OR ANY CONTENT, INCLUDING LOSS OF DATA, WHETHER OR NOT YANDEX, ITS AFFILIATES, THEIR RESPECTIVE EMPLOYEES AND CONTRACTORS OR THEIR REPRESENTATIVES WERE ADVISED OF OR COULD HAVE FORESEEN SUCH DAMAGES.
9.2. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, TOTAL LIABILITY OF YANDEX, ITS AFFILIATES, THEIR RESPECTIVE EMPLOYEES AND CONTRACTORS BEFORE THE USER IN RELATION TO THE SERVICE, THE MOBILE APPLICATION OR ANY CONTENT SHALL NOT EXCEED THE SUMS ACTUALLY PAID BY THE USER TO YANDEX IN RELATION TO THE USE OF THE SERVICE.
10.1. The User shall, at his or her own effort and expense, defend, indemnify and hold harmless Yandex, its affiliates, their respective employees and contractors against any and all claims, suits and/or complaints of third parties related to the User’s actions in using the Service, as well as compensate any damages and losses (including but not limited to reasonable attorneys’ fees) caused by such claims, suits and/or complaints.
11. Governing Law and Dispute Resolution
11.1. These Terms (including any issues of their validity, performance or termination) shall be governed by and construed in accordance with the laws of Switzerland, without regard of its conflicts of laws provisions. Any dispute arising out of or in connection with these Terms shall be considered and finally resolved by the competent courts of the canton of Lucern, Switzerland. Notwithstanding the foregoing, nothing in these Terms shall be construed as preventing Yandex from seeking any injunctive relief (or other analogous measures) from a competent court in any jurisdiction.
12. Other Provisions
12.1. These Terms, as well as the documents mentioned in Section 1.1 of these Terms, are the full legally binding agreement between the User, on the one hand, and Yandex and its affiliates, on the other hand, in relation to their subject matter, and replace any previous agreements or understandings, written or oral, with regard to such subject matter.
12.2. If any court of law having the jurisdiction to decide on this matter rules that any provision of these Terms is invalid, then that provision shall be deemed removed from these Terms without affecting the rest of these Terms, which will continue to be valid and enforceable in full.
12.3. These Terms are drafted and shall be construed in the English language. In case of any discrepancy between the English version of these Terms and a translation, the English version shall prevail.
12.4. Yandex may transfer and assign any of its rights and obligations under these Terms, as well as delegate them to third parties without the User’s consent. The User may not transfer or assign any of its rights and obligations under these Terms, as well as delegate them to third parties without Yandex’s consent.
Date of publication: 23.04.2014
Previous version of the document: https://yandex.com/legal/store_termsofuse/20140303.