YANDEX Limited Liability Company (hereinafter referred to as “Yandex”) offers a Yandex Advertising Network partner (hereinafter referred to as a “the User”) to use the Yandex.Market Content API Service on the terms and conditions defined herein (hereinafter referred to as “the Terms”).
1. General Provision
1.1. Terms and Definitions
Service — the Yandex.Market Content API Service representing the programming interface that allows receiving Data provided by the «Yandex.Market» Service and to place them on a User’s Website and/or in a User’s Program in a format defined by the User considering the options provided by the Service.
API Key — a unique identifying key provided to the User that allows getting access to the functions of the Service from the User’s Website(s) or Program.
Data — data coming from the Service and intended to be displayed to End Users, including, but not limited to, promotional and informational materials containing, in particular, data on products (services), their range, prices, features, sale offerings, and sellers.
Data Block — a Data set and the respective functionality of the «Yandex.Market» Service formed by Yandex at its discretion. The list of Data Blocks and their elements is published in the Service documentation at: http://api.yandex.ru/market/content/doc/dg/reference/all-methods.xml.
End Users — persons visiting User’s Websites or using User’s Programs.
User’s Program – a computer program developed by the User and using the Data.
1.2. The Service usage by the User shall be governed by these Terms, as well as by:
User Agreement for Yandex Services published at: https://yandex.com/legal/rules/;
The License to use Yandex Search Engine published at: https://yandex.com/legal/termsofuse/;
Yandex.Market Service Offer published at: https://yandex.com/legal/oferta_market_ch/.
1.3. The User accepts these Terms upon starting the use of the Service or any its functionality, including receiving the API key, having published the Data on its Website or in the User’s Program, or having used any other function of the Service, as well as the terms of all the documents indicated in paragraph 1.2 of the Terms, in full, without any disclaimers and exceptions, and agrees to comply therewith. The Service can be used on the terms other than the ones indicated in the said documents only subject to Yandex’s written consent. Should the User disagree with any terms of the said documents, the User shall not be entitled to use the Service.
1.4. The User shall be solely liable for compliance with the Legislation when using the Service. Throughout these Terms, except where it is otherwise expressly provided, the term “Legislation” shall mean any applicable legislation, including both the legislation of the Russian Federation, and the legislation of the User’s residence or the place where the User performs any legally significant act according hereto. Should the usage of any option of the Service by the User violate the Legislation, the User agrees not to use the Service.
1.5. These Terms and the relationship between Yandex and the User considering usage of the Service shall be governed by the legislation of the Russian Federation.
2. Service Terms
2.1. The User shall duly register, and receive an API key to get an access to the Service. Yandex shall be entitled to refuse provision of an API key and the access to the Service at its own discretion and without providing any reason. The User shall not be entitled to use any software, devices or other means that allow getting an API key automatically or otherwise violating the procedure prescribed by Yandex.
2.2. The User shall be entitled to use the Service only within Internet services (Websites) or Programs of the User accessible to public free of charge. The User shall not be entitled to use the Service on User’s Websites or in User’s Programs with a commercial access or paid usage, or otherwise limiting third parties’ access to those Websites or Programs. For purposes of this paragraph, the registration requirement shall not be deemed as an access limitation to User’s Websites or Programs.
2.3. The User can use the Service and the Data only within the Service functionality.
2.4. When using the Service, the User shall not be entitled to remove, hide or modify any Data contained in the Service or obtained by means thereof, including trademarks, logos, links or other references to Yandex or other parties, as well as any other notifications and/or information transmitted by the Service. In case of using Data from all the Data Blocks, accessible by means of the Service, the User shall provide a reference to the Yandex’s technology by placing the Yandex’s logo and “Yandex.Market Data” text containing a hyperlink to the Yandex.Market service homepage (http://market.yandex.ru). In case of using only the Data contained in separate Data Block(s), the User shall provide a reference to the Yandex’s technology by placing the following text in close proximity to each Data Block:
2.4.1. for the Data Block “Store Offers” — the text “All Yandex.Market Prices” containing a hyperlink to the price list page for the respective product model on Yandex.Market;
2.4.2. for the Data Block “Product Reviews” — the text “All Yandex.Market Reviews” containing a hyperlink to the review page for the respective product model on Yandex.Market;
2.4.3. for the Data Block “Store Reviews” — the text “All Yandex.Market Reviews” containing a hyperlink to the review page for the respective store on Yandex.Market;
2.4.4. for the Data Block “Model Card” — the text “Yandex.Market Data” containing a hyperlink to the card page for the respective product model on Yandex.Market;
2.4.5. for the Data Blocks “Search Form” and “Search Results” — the text “Yandex.Market Data” containing a hyperlink to the Yandex.Market service homepage (http://market.yandex.ru).
2.5. The User shall not be entitled to change, reverse compile and/or modify the Service program code in any way.
2.6. The User shall be entitled to publish the Data only on Internet pages related to respective products. In particular, the User shall not be entitled to publish the Data on “search spam” pages, according to the License to use Yandex Search Engine.
2.7. The User shall not be entitled to change the Data in any way, including changes of the Data sorting. The User shall be entitled to extend the Data content or to place them next to the information obtained from sources other than the Service only in cases when such actions do not and cannot cause misrepresentation of the Data content or create a false appearance thereof with End Users. In particular, the User shall not be entitled to place any information obtained from sources other than the Service next to the Data from the “Search Results”, “Store Offers”, “Product Reviews” and “Store Reviews” Data Blocks. Yandex, at its sole discretion, shall make the final decision on whether the User’s actions comply with the requirements of this paragraph.
2.8. The User shall place the Data Block “Store Offers” on all Internet pages with product Data. Should the User publish any Data being an element of any Data Block, the User shall publish all other Data being the elements of the respective Data Block. The User shall not be entitled to change the composition of any Data contained in any Data Block, as well as to hide or otherwise make inaccessible any Yandex.Market functionality related to such Data.
2.9. The User shall display the Data by reference to End User’s location. The User shall provide for an automated tracking of End User or a possibility for End User to select his or her location with accuracy up to a city.
2.10. The User shall not be entitled to publish, or allow any third parties publishing, any ads with use of third parties’ contextual advertising systems and/or advertising networks, as well as any advertising of, or any links to, websites of such systems or networks, on the User’s Websites or in the User’s Programs. Exceptions shall include ads published by the User or by third parties within the Yandex Advertising Network.
2.11. The User shall not be entitled to use the Service to create Internet services, computer programs or otherwise, if such usage causes violation of Legislation or these Terms, including the documents indicated in the paragraph 1.2 of the Terms, and/or any rights and legitimate interests of third parties.
2.12. Yandex shall reserve the right to change, correct or update the Service at any time, without giving any prior notice to the User. Yandex shall announce its latest stable releases on the Service web-pages. Upon a release of a new Service version Yandex shall not guarantee consistency and continuity of its outdated versions. The User, who do not agree to use updated Service versions, may either continue using outdated versions at his/her own risk, or stop using the Service and remove the respective code from the User’s Website(s).
2.13. Yandex, at its sole discretion, shall be entitled to stop or suspend User’s access to the Service or to any of its functions via the User’s account and/or the API key without any notification and giving any reason, including when the User violates the requirements hereof.
2.14. RESTRICTIONS. When using the Service the User shall meet the following requirements:
2.14.1. If the Data is used in the User’s Program:
The User’s Program as well as all the settings available in the User’s Program shall be downloaded by the End User himself or herself, i. e. solely with an express content of the End User by means of pressing the buttons/inserts with clearly defined functions;
The End User shall be able to delete the User’s Program by the standard means of an operation system;
After the End User deactivates or deletes the User’s Program, the deleted User’s Program shall not remain active or self-launch later or be launched by any other application without the End User’s express consent.
The User’s Program shall not collect or transmit to third parties any End User information without his or her express consent. User’s Programs that have such functions shall do it explicitly by express notification to the End User on what data will be collected or transferred.
126.96.36.199. If the User’s Program is an addition (extension) to a browser (hereinafter – “Plug-In”):
The Data display by means of Plug-In shall not be performed: on the Yandex service pages listed at: http://www.yandex.ru/all; on third party website pages containing the Data (the list of such websites shall be provided to the User by Yandex); on the website pages where the End User has been referred to by clicking a link contained in any advertisement of Yandex.Direct system or in Yandex.Market product offerings;
Plug-In shall not overlap/misrepresent/change any website page content in any way. Should Plug-In be located directly on a website page, its size shall not exceed 50 pixels in height, and it shall be located at the top or at the bottom of the website page;
Plug-In with the function of Data display in an supplemental window (Pop-uP) shall display the supplemental window only after the End User performs actions (pressing Plug-In buttons/inserts with clearly defined functions) for opening such supplemental window. The supplemental window size shall not exceed 300 pixels in height, and 500 pixels in width.
Plug-In shall provide for possible deactivation or deletion by the End User by standard means of an operation system;
The User shall not use any means of artificial drawing of end users’ attention to Plug-In, such as “flashing”, “ticker”, “contrast”, “animation” while displaying Plug-In to the End User.
The Data display by means of Plug-In shall be accompanied by the information on End User’s location (city).
3. Intellectual Property Rights
3.1. Yandex owns the exclusive right to the Service. The exclusive rights to the Data are owned by Yandex or by other right holders. These Terms do not provide the User with any rights to use the Service or the Data, except the options provided directly in the Service interface in accordance with these Terms.
3.2. When using the Service the User provides Yandex with the right to use a logo, a trademark, and/or a trade name of the User and/or the User’s Website with information, advertising, and marketing purposes without any additional User’s consent and without paying any consideration for such use.
4. Liability Waiver
4.1. The Service (including the Data) shall be provided by Yandex “as is”. Yandex shall not guarantee the compliance of the Service and the Data with User’s purposes and expectations, or continuity and fault-tolerance of the Service in general or any of its elements and/or functions, as well as it shall not guarantee the validity, accuracy, completeness and timeliness of the Data. Yandex shall not guarantee continuity and fault-tolerance of third party programs and solutions (including libraries), recommended by the specifications and other Service-related documentation when using the Service.
4.2. The User shall be solely and fully liable for the usage and safety of his/her API key. The User shall not be entitled to receive an API key for any third party, to transfer or provide it to any third party. Yandex shall not be responsible for unauthorized use of an API key by third parties. All actions performed on the Service with use of the User’s API key shall be deemed performed by the User.
5. Final Provision
5.1. All the questions and claims related to the usage/unavailability of the Service shall be sent via a feedback form at: http://feedback.yandex.ru/?from=marketcontentapi
5.2. Yandex shall be entitled to alter the text hereof at any time without giving any notification to the User. The current version of these Terms shall be published at: https://yandex.com/legal/market_api_content_yan_ch/. New version hereof shall be valid as of publishing thereof in Internet at the address indicated in this paragraph. Continued usage of the Service after introduction of changes to the Terms shall be deemed as consent with their new version. Should the User not agree with any changes made hereto by Yandex, the User shall stop using the Service.
Publication date 22.09.2015