1. General Provisions
1.1. These Terms (the “Terms”) represent an offer by Yandex LLC (16 Leo Tolstoy St., 119021 Moscow, Russia) (the “Yandex”) to the Internet user (the “User”) to use the service "Rightholder Account" (the “Service”) in the scope that corresponds to the level of the User's access to the Service at the time of using the program "Rightholder Account" (the “Program”).
The "Rightholder Account" (the “RA”) is a unique system that allows rightsholders or exclusive licensees to upload, identify copies of video and/or audio content (the “Content”) to Yandex.Efir, Yandex.Zen, Yandex.Music (the "Yandex" Services”) and manage them; prevents illegal uploading of Content by third parties, as well as provides the User with an opportunity to receive analytical data regarding found copies of the Content.
1.2. Use of RA is governed by these Terms, as well as by the following documents (the “Regulatory Documents”):
- The user agreement of Yandex services (https://yandex.com/legal/rules);
- License to use Yandex search engine (https://yandex.com/legal/termsofuse);
1.3. Commencing the use the Service/its certain functions, the User is deemed to have accepted these Terms, as well as the terms of the Regulatory Documents in full, without any reservations or exceptions. If the User disagrees with any provision of the Terms and/or Regulatory Documents, the User must not use the Service.
1.4. Yandex may change the provisions of these Terms and Regulatory Documents at any time without notice to the User. The current version of these Terms is available at https://yandex.com/legal/rightholderaccount_termsofuse. The User is responsible for the risk of failure to acquaint themselves with the new version of the Terms and Regulatory Documents. Continued use of the Service after the changes in the Terms and Regulatory Documents shall be deemed as the User's acceptance of its new versions.
1.5. In the event that Yandex has made any changes to these Terms, in the manner prescribed by Clause 1.4. of these Terms, which the User does not approve, the User shall cease using the Service.
1.6. The Service is offered to the User in scope that corresponds to the level of the User's access to the Service at the moment of the Program use. All existing functions of the Service, as well as any development thereof and/or addition of new ones, are subject to these Terms.
1.7. Yandex may change the functionality of the Service at any time without notice to the User.
1.8. The Service is provided to the User for personal non-commercial use to the extent that it corresponds to the level of the User's access to the Service at the time of the Program use.
1.9. The rights for all objects representing the design of the Service in its entirety and certain elements thereof, to the Program for the "Rightholder Account", belong to Yandex.
1.10. The service is provided by Yandex "as is". Yandex does not guarantee that the Service and the Program (or other information posted within the Service) will meet the User's goals and expectations, or that the Service in its entirety and certain functionality thereof will be uninterrupted or error-free. In particular, Yandex may change all or part of the functionality provided by the Service at any time.
2. Registration with the Service. Provision of information
2.1. In order to provide access to the Service, the User must register with the Service using a valid User account in Yandex with their e-mail address.
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 to use any services (or certain functions).
2.2.1. The possibility to use RA is provided exclusively to Users who meet certain requirements. In order to determine whether a person can use this tool, the following conditions must be met:
a) The User must confirm their exclusive rights in respect of all Content uploaded by the User to RA for the purpose of matching the Content uploaded to the Yandex Services by third parties. In case a person is not the rightholder of such content or does not have an exclusive license in respect of such content, such person may not use RA in respect of the Content whereto such person has no exclusive rights as required.
b) Access to RA, use of RA and/or performance of any other actions in/with RA by the User means that the User accepts and undertakes to comply with all requirements and provisions of these Terms and all terms of the documents referred to in these Terms without reservations or exceptions.
c) The user undertakes not to make unreasonable complaints about content posted by third parties. User who has filed more than 3 (three) unjustified complaints about the content of third parties may be denied access to RA.
The person wishing to become a user of RA should send an application to https://yandex.ru/support/videohub-copyright/account.html.
2.2.2. In the application for access to RA, such person wishing to become a user of RA shall provide the following information:
1) Its legal name and business legal form, the name of an individual entrepreneur or its full name (if the applicant is an individual);
2) List of Content;
3) Documentary proof of rights to uploaded Content in respect of such Content;
4) The contact e-mail address whereto, among other things, information about objections of a third party who uploaded the Content to the Yandex Service, recognized by RA as a copy of the Content may be sent.
2.2.3. The Service may have a two-factor authentication procedure. In order to provide access to the Service in case of implementation of the two-factor authentication procedure, the User specifies his/her mobile phone number. A code is sent to the specified mobile phone number, which the User must enter in order to verify the User.
2.3. The documents and information specified in Clause 2.2.2 shall be sent for verification, upon the results of which the User shall receive an answer with information on granting access to full functionality of the Service (registration at the Service) or on impossibility to grant access to full functionality of the Service (refusal to register at the Service).
2.4. In case Yandex makes a positive decision on the basis of the submitted documents, the User shall be contacted by means of e-mail contact details provided by the User during registration to confirm the User's registration with RA.
2.4.1. By performing the registration process with RA, the User guarantees that the latter has the rights to the Content uploaded to RA.
2.5. The necessary information and documents are provided by the User in the order and format provided by the Program. The composition and completeness of the required information and documents may be changed by the Service's decision. The list of required information and documents specified in Clause 2.2.2 above may differ from the required information and documents requested in the Program. The up-to-date list of necessary information and documents may be found in the Program.
2.6. The transfer or disclosure of the User's registration data to third parties is prohibited. In case there is a suspicion that a third party has or is using the data, the User shall immediately notify the Service Support Desk at the https://yandex.ru/support/videohub-copyright/account.html. In this case, all actions within the frames or using the Service under the User's account shall be deemed to be performed by the User, unless the User, in the manner prescribed by this paragraph, has notified the Service Support Desk regarding the unauthorized access to the Service using the User's account and/or any violation (suspicion of violation) of the confidentiality of own means of access to the account.
The User hereby consents that his/her telephone conversations with the support service and other representatives of Yandex may be recorded.
The User hereby gives his consent for the use of his contact e-mail address for the purposes of sending him/her information regarding objections of the third party who uploaded the Content to the Yandex Services recognized by RA as a copy of the Content; and also for the purposes of providing his/her contact e-mail address to such third party who sent objections for the purposes of independent resolution of the situation by the User and such third party.
2.8. The User gives his/her consent to Yandex to check any information provided by the User during registration with the Service and filling out an application through the databases available to Yandex for the purpose of checking the information provided by the User and assessing the possibility of the Service provision to the User.
2.9. The consent to the User's data processing is valid for the period necessary to provide the Service.
2.10. Yandex reserves the right, in its sole discretion, to deny the User's access to the Service or restrict the User's access to the Service (or to certain functions of the Service, if technologically possible) using the User's account, or to block the User's account completely, including, but not limited to, upon detection of incomplete or inaccurate information provided by the User, repeated violations of these Terms and/or Regulatory Documents, or apply other measures to the User in order to comply with legal requirements or the rights and legitimate interests of third parties.
3. Use of the Service. Certain Functions of the Service
3.2. For detailed information about the Service, the User can contact the Service Support Desk.
3.3. Depending on the User's location, all or some of the functions of the Service may be unavailable or limited. Functions are considered unavailable (limited) to the User from a certain region if such User is unable to use them clearly. The service is available only at the Territory defined in RA. The use of any technical and software methods to circumvent these restrictions is prohibited. The provisions of these Terms governing functions of the Service that are not available (limited) to the User shall not apply until such functions are explicitly available to the User. Information about the availability of the Service functions in a particular region is provided to the User upon request.
3.4. By using the Service, the User gives their consent to receive advertising and informational communications.
3.5. By using the Service, the User confirms that he/she has been warned and agrees that the Service is provided to the User to the extent that corresponds to the access level of the User in the Service at the time of use of the Program. Yandex may make any changes to the structure and algorithms of the Service, suspend its operation or functionality, change or discontinue the functions performance of the Service without prior notice to the User and without his/her consent.
3.6. The User is able to upload his/her Content to the Program. All new audio and video content placed by users on the Yandex Services is compared with a digital print of the User's Content.
3.6.1. The User uploads the audio or video file of his/her Content to the system by himself through RA and specifies the following information:
a) the name of the Content should be specified;
b) if required, he/she can also specify a description in the appropriate window;
c) he/she needs to select and upload a cover for the Content;
d) to confirm the availability of rights to such Content, he/she needs to upload a scanned copy of the document confirming the availability of such rights to the system;
e) the territory in respect whereof he/she has such rights;
f) the duration of rights to the Content;
g) types of rights to the Content (e.g. TVOD, SVOD, EST, AdVOD);
h) the category of such content to be selected from the drop-down menu (Movies, Serials, Sports, Music videos, etc.);
3.6.2. After the User adds new Content to the system, RA creates a digital print of the file of such Content.
3.6.3. When the content is subsequently uploaded to the Yandex Services by any third parties, RA scans such content and identifies a match with the corresponding digital print.
3.6.4. When the Content uploaded by a third party matches the digital print of the User's Content, RA takes measures in accordance with the policy chosen by the User, for example, it may apply automatic blocking of copies of such Content;
3.6.5. The User can edit a file previously uploaded to the RA system.
3.6.6. In the Personal Account the User can see the list of uploaded Content with the number of copies found on Yandex Services.
3.6.7. The User can view the list of found copies after clicking on the line of a certain Content in his/her personal Account.
Date of publication: 18.03.2020