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.com/legal/rules). 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 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 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 Sale of Paid Content
5.1. The User may purchase paid Content only if the User has authenticated in his or her account as provided in Section 2.1 of these Terms and has provided sufficient payment information to process the payment for the purchased Content.
5.2. The User agrees to provide sufficient payment details for purchase of paid Content (depending on payment methods) to Yandex via the Service. The payment details are provided by the User by adding them to the User’s account information. The User may choose the most suitable payment method from among the payment methods offered by Yandex on the Service.
5.3. The payment for Content purchased via the Service is made by the User as a non-cash pre-payment by one of the payment methods offered by Yandex at the time paid Content is purchased. The User hereby understands and agrees that payment methods may be subject to terms and conditions determined by third parties, and shall review and accept such terms and conditions before using any payment method. Yandex may remove and/or modify the available payment methods unilaterally and without any additional notice to the User.
5.4. Purchase of Content shall be considered a one-time deal with the Supplier in electronic form. The User understands and agrees that by giving his or her consent in electronic form, the User agrees to and shall enter and be bound by such deals and agreements and to effect payment under such deals and agreements. The User’s acceptance to assume the respective obligations shall be applicable to all the User’s actions in relation to any and all deals and agreements entered into by the User via the Service.
5.5. The fees for paid Content shall be determined solely by Suppliers. Yandex has no control over the fees for paid Content and in no event takes any part in determining such fees whatsoever.
5.6. The fees for paid Content may be changed by the Supplier of such Content at any time before the purchase unilaterally and without any additional notice to the User. In case the Supplier temporarily or permanently lowers the fee for paid Content, the User shall not be entitled to any compensation of the difference between the previous and the lowered fee rate.
5.7. The User shall be solely responsible for any taxes, duties or other mandatory payments in relation to the purchase of Content on the Service set forth by applicable law of the User’s country of residence.
5.8. The Content paid for by the User shall be downloaded onto the User’s mobile device after the Supplier receives the fee for the paid Content; provided, however, that the Supplier may choose to provide the Content before it receives the fee. The Supplier shall be considered performed its obligations related to sale of paid Content at the moment said Content is made available for download.
5.9. All sales of any paid Content are final. The User is granted a test period to use the paid Content equal to 15 (fifteen) minutes after the moment such Content was paid for and made available for download. In case the User wishes to return the Content during the mentioned period, Yandex shall cancel the purchase transaction within a reasonable period after Yandex receives confirmation of return and removal of Content from the User’s device. No returns of any purchased paid Content are allowed after expiration of the test period set forth herein.
5.10. If the fee for paid Content is refunded under Section 5.9 of these Terms, the User’s right to access said Content is terminated.
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.com/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.