User Agreement for Yandex Services
This User Agreement shall be applicable to the Services (as defined in Clause 2.1 of the Terms of Service, located at: http://legal.yandex.com/termsofservice/) only until September 17, 2012. The Terms of Service referenced to herein shall apply to the Services as of September 18, 2012. This User Agreement continues to regulate any other products, offerings and utilities available at the subdomains of www.yandex.com, including electronic mail service available at: http://mail.yandex.com, except for the Services.
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: http://legal.yandex.ru/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).
2.3. 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. Login and password to the User’s account. Upon registration the User shall choose a login (a unique account name of the User) and password to access the account. Yandex may prohibit the use of certain logins and impose other requirements on the login and password (length, permissible symbols, etc.).
2.6. The User shall be responsible for security of the chosen password and for password confidentiality. 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 password confidentiality.
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 password confidentiality. 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. 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.
2.9. 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 6 months;
2.9.2. A website of the User at Yandex.Narod and any additional services (guest book, personal forum, etc.) shall be deleted if the website does not have a single visitor in 4 months;
2.9.3. The User’s bookmarks at Yandex.Bookmarks shall be deleted if not used in over 12 months.
2.10. User account deletion.
2.10.1. The User may at any time delete its account at all Yandex services or terminate the account regarding certain services through a function on the account management page.
2.10.2. An account shall be deleted by Yandex as follows:
18.104.22.168. an account is blocked for one month during which its content and other user data are not deleted but access to such information is not available to the User or other users;
22.214.171.124. if within such period the User's account is restored, access to such information is renewed to the extent available upon blocking (except for content violating the terms of Agreement and other documents regulating such service);
126.96.36.199. 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 188.8.131.52., 184.108.40.206., 220.127.116.11 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).
3.2. Yandex may send information messages to its users.
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. post links to online resources, content of which violates Russian laws;
5.2.10. assist any actions to violate any restrictions and prohibitions imposed by this Agreement;
5.2.11. 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 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 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: 26.04.2012
Previous version of the document: http://legal.yandex.com/rules/05042012
Previous version of the document: http://legal.yandex.com/rules/20092011
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