Please read these Terms carefully. By using the Practicum Service, you affirm that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you may not use the Practicum Service.
Your use of certain portions of the Service may be subject to additional terms and conditions ("Additional Terms"). Where Additional Terms apply, we will make them available for you to read through your use of that portion of the Service. By using that portion of the Service, you agree to the Additional Terms.
1. The Practicum Service
The Practicum Service is comprised of advanced professional training programs offered by Yandex (“Programs”). Upon successful completion of a Program, as determined by Yandex, you will receive a certificate of completion (a “Certificate”) (if you do not successfully complete a course, you may be entitled to receive a certificate of attendance).
You understand and acknowledge the following:
- THE PRACTICUM SERVICE PROGRAMS ARE NOT ACCREDITED. Yandex and Practicum by Yandex are not accredited institutions and we do no confer formal degrees. A Certificate is not a formal degree.
- YOU WILL NOT RECEIVE ACADEMIC CREDIT FOR YOUR COMPLETION OF A PROGRAM. A Certificate will not entitle you to academic credit recognized by any other institution.
- COMPLETION OF A PROGRAM IS NOT A GUARANTEE OF FUTURE EMPLOYMENT OR ADVANCEMENT. While we believe that your completion of a Practicum Service program will enhance your knowledge base and skill set and make you a more well-rounded employee or employment candidate, we do not and cannot make any representations regarding your future employment or advancement.
- YOUR WORK MUST BE YOUR OWN. The work you perform and submit (e.g., homework assignments, quizzes, exams, and projects will be your own work (except if you are permitted to work with others).
- YOU MAY NOT SHARE YOUR WORK WITH OTHERS. You will not share your work with anyone else or perform work for others (except if you are expressly permitted to share or collaborate).
- NO CHEATING. You will not engage in any dishonest or improper conduct to improve your results or affect the results of other students.
2. Your Responsibilities
To access the Service, you must sign up as a new Yandex user subject to the general User Agreement for Yandex Services (https://yandex.com/legal/rules) or sign in using your existing Yandex account. In the event of a conflict between the Yandex general User Agreement and these Terms, these Terms will control with respect to your use of the Practicum Service.
As part of the registration process, you may be asked to select a username and password. Yandex may refuse to grant you a username or revoke your username for any reason in its sole discretion, including if we determine that such username impersonates someone else, is illegal, vulgar or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. YANDEX WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
We value the integrity of the Yandex community. To protect this community, you agree not to use the Practicum Service to:
- violate any local, state, national or international law or regulation;
- transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
- stalk, harass, bully, or harm another individual;
- transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
- knowingly transmit any material that contains adware, malware, spyware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- defeat or interfere with any security feature of the Practicum Service, or attempt to do so;
- impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt the Practicum Service or servers or networks connected to the Practicum Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Practicum Service; or
- alter or modify any content or component of the Practicum Service, other than your User Content (as defined below).
You also agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers” or the like, that access the Practicum Service.
3. Fees and Payment; Refunds; Academic Leave
You will be responsible for paying the then-current tuition fees for the Programs you take.
You will pay the applicable tuition fees in advance using PayPal or such other payment mechanism as we may make available. All charges and payments shall be in U.S. Dollars. Tuition excludes all taxes, fees, duties, and governmental assessments (except for taxes based on Yandex’s net income) that may be imposed or become due in connection your use of the Service (“Taxes”) and you are responsible for payment of any such Taxes.
You may cancel your participation in a Program at any time prior to your completion of the Program by emailing us at email@example.com. You may request a refund for the unused portion of the fees that you paid. Any refund will be pro-rated based on the portion of the Program you did not complete. For example, if you were to cancel a 300 hour Program after completing 30 hours or ten percent of the Program, you would be entitled to a refund of 90 percent of the fees paid for such Program. No refund will be available if you complete the Program and/or obtain a Certificate or if you request a refund more than one year after the date you first paid for the Program.
If you enroll in a Program under a money-back guarantee of employment or promotion, you may receive your money back if you fail find a new job or obtain a promotion within your current organization subject to the following conditions:
- you must have initially indicated upon enrollment that you are looking for a new job or a promotion from your current job,
- you must have successfully completed the applicable Program and obtained a Certificate,
- you must be 21 years of age or older and legally permitted to work in the United States,
- you must be a native English speaker or fluent in English at the highest English Language Proficiency Levels in your state,
- you must be able to demonstrate that you were seeking a new job for at least 180 days following the date you obtain your Certificate and submitted applications for at least 10 openings in the field relevant to the Program you completed, and
- you must request your money back no sooner than 180 days after the date you obtained your Certificate and no later than one year after such date.
If you want to take a break from your studies, you may take an academic leave. You may take up to two academic leaves during a Program. Each academic leave lasts one month. To request an academic leave, send email your request to firstname.lastname@example.org at least one week before the date you wish the leave to begin. You will receive further instructions at the indicated email address.
4. Ownership of Yandex’s Content; Restrictions on Use
The content on the Practicum Service, other than “User Content” (as defined below), including, without limitation, videos, clips, photos, text, software, scripts, graphics, sounds, music, interactive features and the like (collectively, the “Content”) and the “Yandex” word marks and the Yandex and Practicum by Yandex design mark, as well as certain other of the names, logos and materials displayed on or through the Practicum Service that constitute trademarks, tradenames, service marks or logos (the “Marks”) are owned by Yandex or its licensors and are subject to copyright, trademark and other intellectual property rights under U.S. and international laws.
Except as authorized by these Terms or as otherwise intended or authorized by Yandex through the Service, you agree not to copy, download, stream, capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the Practicum Service or any portion of the Practicum Service, including, without limitation, the Content and the Marks.
The Practicum Service is provided for your personal use only. You must abide by all copyright notices, trademark notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content.
5. User Content
The Practicum Service may enable users, among other things, to post and share work, make comments, post messages and other content to the Practicum Service (collectively, the “User Content”). Such User Content will generally be available to all users of the Practicum Service. User Content made in connection with a Yandex competition or contest may be subject to Additional Terms that may differ from these Terms.
When you provide Yandex with a User Submission, you grant to Yandex and its affiliates and their successors and assigns, a non-exclusive, fully-paid, royalty- free, transferable, worldwide license, with the right to grant sublicenses through multiple tiers of sublicensees, to display, publicly perform, distribute (including, without limitation, through third- party websites), store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works and otherwise use and reuse your User Content (or any portions or derivative works thereof) in any manner, in any medium now known or hereinafter created, for any purpose.
Unless otherwise provided in any applicable Additional Terms, you acknowledge and agree that you have no expectation of compensation of any nature with respect to any User Content and that you shall not receive any compensation for any User Content.
You acknowledge and agree that you have no expectation of confidentiality of any nature with respect to any User Content. You should not post or share any content to the Practicum Service that you do not want to be viewed by others.
Yandex reserves the right to display advertisements in connection with, and/or based upon, your User Content and otherwise in connection with the Practicum Service.
You represent and warrant that: (a) you own all rights in your User Content or, alternatively, you have acquired all necessary permissions and rights in your User Content to enable you to grant to Yandex the rights in your User Content described in these Terms; and (b) your User Content do not infringe the copyright, trademark, patent or other intellectual property rights, privacy rights, publicity rights or any other legal or moral rights of any third party.
You acknowledge that Yandex does not necessarily pre-screen any User Content uploaded by you or other users of the Practicum Service but that Yandex may pre-screen, or review after initial posting, your User Content for a variety of reasons, including, without limitation, for compliance with these Terms and any Additional Terms. Yandex disclaims any and all liability in connection with any and all User Content, and you agree to waive any legal or equitable rights or remedies you may have against Yandex with respect to such User Content.
You agree that Yandex and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback (collectively, “Feedback”) that you may voice about the Service including Feedback that you send to Yandex or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Yandex has no duties to you (including any duty to compensate you for your Feedback), with respect to such Feedback.
7. Infringement Notice Procedures – Copyrights and Trademarks
Copyright Infringement Notification. Yandex respects the intellectual property rights of others. Upon proper notice, Yandex will remove or disable content on the Service that violates copyright law and may suspend access to the Practicum Service of any user who uses the Practicum Service in violation of copyright law and may terminate the accounts of repeat infringers.
Yandex has implemented procedures for receiving written notification of claimed copyright infringement (each, a “Notification”) and for processing such claims in accordance with law.
If you are the owner of any exclusive right under copyright laws, or are authorized to act on behalf of such an owner, and you believe your work has been copied in a way that constitutes copyright infringement, please send Yandex‘s copyright agent a Notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single Notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit Yandex to locate the material on the Practicum Service; (c) information reasonably sufficient to permit Yandex to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (e) a statement by you, made under penalty of perjury, that the above information in your Notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Please provide us with a Notification that includes all of the above enumerated information and e-mail or mail it to the following Yandex copyright agent:
38 Merrimac St., Suite 201, Newburyport, MA 01950
Attn: Arkady Borkovsky
Please do not send notices or inquiries unrelated to alleged infringement to Yandex’s designated agent.
Yandex reserves the right, in its sole discretion, to terminate your access to all or part of the Practicum Service, for any reason, with or without notice.
9. Modifications to Practicum Service
Yandex reserves the right to modify or discontinue the Practicum Service with or without notice to you, including the right to cancel, interrupt, or reschedule any Program or to modify any course content or requirements. Yandex shall not be liable to you should Yandex exercise its right to modify or discontinue the Practicum Service.
The Practicum Service may contain links to third-party websites and other Internet resources that are not owned or controlled by Yandex (“Third-Party Materials”). Yandex’s provision of a link to any Third-Party Materials is for your convenience only and does not signify Yandex’s endorsement of such other website or resource or its contents. YANDEX SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY ACCESSED THROUGH THE PRACTICUM SERVICE OR ANY LINKED WEBSITE.
11. Disclaimer of Warranties
YOU USE THE PRACTICUM SERVICE AT YOUR SOLE RISK. THE PRACTICUM SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, YANDEX AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRACTICUM SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
Yandex and its affiliates make no warranties or representations about the accuracy or completeness of Content available on or through the Practicum Service or the content of any websites linked to the Practicum Service and assume no liability or responsibility for any: (a) errors, mistakes or inaccuracies of content or confidentiality; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Practicum Service; (c) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein (including any and all User Content); (d) any interruption or cessation of transmission to or from the Practicum Service; (e) any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Practicum Service by any third party; and/or (f) for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on or through the Practicum Service.
12. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL YANDEX OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE PRACTICUM SERVICE.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL YANDEX’S LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO YANDEX FOR THE SERVICE.
13. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Yandex may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Yandex’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless Yandex, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that they may incur as a result of or arising from: (a) any information (including, without limitation, your User Content, Feedback or any other content) you submit, post or transmit on or through the Practicum Service or otherwise provide to us; (b) your violation of these Terms or any Additional Terms established by us; or (d) your violation of law or any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Yandex reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Yandex in asserting any available defenses.
15. Minors; Ability to Accept Terms of Service
The Practicum Service is not intended for children under 18 years of age. If you are under 18 years of age you may not use the Practicum Service.
You affirm that you are the applicable age of majority in your jurisdiction of residence or older, or that you have obtained the consent of your parent or legal guardian to use the Practicum Service or that you are an emancipated minor.
16. Choice of Law; Arbitration
These Terms, any Additional Terms, and any dispute arising from or relating to these Terms, the Additional Terms or the provision or use of the Service, shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of Delaware, without reference to any conflict of laws principles. Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Service (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Santa Clara County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.
These Terms and any Additional Terms constitute the entire and exclusive and final statement of the agreement between you and Yandex and govern your use of the Practicum Service. The failure of Yandex to exercise or enforce any right or provision of these Terms or any Additional Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms or any Additional Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the original intent of that provision, and the remainder of these Terms and any Additional Terms shall continue in full force and effect. The section titles in these Terms and any Additional Terms are for convenience only and have no legal or contractual effect.
18. Modifications to Terms
19. Contact Information
You may contact us at:
38 Merrimac St.
Newburyport, MA 01950
Previous version of the document: https://yandex.com/legal/practicum_termsofuse/16092019.