1.1. The Turbo Pages function of the Yandex Search Engine ("Service") is offered to Internet users ("Users") by Yandex LLC ("Yandex") subject to the regulations and within the scope of these Terms.
1.3. By using the Service / its certain functions, each User shall be deemed to have fully, unconditionally and irrevocably agreed to these Terms and the terms of all documents referred to herein. A User may not use the Service if he/she disagrees with any of the provisions of the aforementioned documents.
1.4. Yandex shall be entitled to amend these Terms at any time without specific notice; such amended Terms shall become effective on the date of publication on the Internet at the address set out in this Clause, unless otherwise provided for in the Terms so amended. These Terms, as amended, shall always be available at: https://yandex.com/legal/turbo_termsofuse/.
1.5. If any User disagrees with any of the amendments hereto made by Yandex in the manner described in Clause 1.4 hereof, such User shall discontinue his/her use of the Service.
1.6. By using the Service, each User confirms that he/she has been notified and agrees that Yandex may at any time change the structure and any work algorithm of the Service, suspend its operation or the operation of its certain functions or cease the Service's functions without prior notice to, or consent of, such User.
1.7. The Service allows any User, for purposes of optimizing user interaction on the Internet and any data proprietary to such User, including any information published on the User's website ("User Information"), to employ a solution to display User Information within the Yandex Search Engine. These Terms shall apply to all existing and any new functions of the Service and any further developments thereof.
2. Use of the Service. Certain Service Functions. Limitations of Use.
2.1. The Service shall be available to Users upon performance of a list of actions proposed by Yandex, which list can be accessed at: http://help.yandex.ru/webmaster/.
2.2. Yandex provides the Service on an "as is" basis. Each User shall be solely responsible for assessing all risks and shall be solely liable for his/her actions related to the use of the Service. No guarantee is given by Yandex that the Service will meet Users' objectives and expectations, nor that the Service will operate seamlessly and error free, nor that User Information will be displayed or accurately displayed within the Yandex Search Engine. Yandex shall not be liable for misrepresentation of any User Information displayed by Yandex Search Engine.
2.3. Yandex shall not be liable for any loss (whether direct or consequential) caused to Users or third parties by the use of, or inability to use, the Service.
2.4. Each User shall be solely liable to third parties for the contents of such User Information, including for the compliance of such User Information with the requirements of applicable law and its non-infringement of any third party rights and lawful interests. Each User acknowledges and agrees that User Information shall not violate any copyright, trademark, identification and/or any other intellectual property rights held by any third parties. Any third party claims arising in connection with the display of User Information by the Yandex Search Engine shall be settled by, and at the expense of, the User. In the case of any dispute, the burden of proof that any User Information does not violate any third party rights shall lie with the User who employed the Service to display such User Information through the Yandex Search Engine.
2.6. If any advertisement of a third party (any client, User's customer or third party advertising network) or a corresponding advertising code displaying such advertisement ("Advertisements") is included by a User in the respective User Information or any fragments thereof, such User shall represent and warrant to Yandex that: (1) such Advertisement is free from any viruses, spyware and malware; (2) such Advertisement is lawfully displayed by the User and does not infringe on any third party rights; (3) the User is an advertiser and/or an advertisement distributor in respect of such Advertisement, and the Advertisement itself does not infringe on any third party rights and is in compliance with all legal requirements applicable to advertising, including, without limitation, advertising, intellectual property, competition and customer protection laws. Each User acknowledges and agrees that: (a) he/she decides whether to include or exclude an Advertisement in or from his/her User Information or any fragments thereof at his/her own discretion, acting on the basis of respective agreements with advertisers, customers and/or third party advertising networks; (b) an Advertisement is included in his/her User Information or any fragments thereof and displayed at such User's sole discretion, without any control, influence or moderation on the part of Yandex, and Yandex only provides the Service to Users which is aimed at having Advertisements placed on the Internet.
2.6.1. In case the User includes Yandex advertising code into the User Information to let Yandex place advertisement subject to Yandex Advertising Network Participation Agreement (“YAN Agreement”), entered into between Yandex or its affiliate and the owner (administrator) of the respective web-site of the User in respect of which the User uses the Service (“YAN Partner”), the User represents and warrants that: (1) within three (3) business days following the date the User starts using the Service, YAN Partner will reach Yandex or its affiliate in order to conclude the amendment to YAN Agreement; (2) YAN Partner has reviewed and agreed to the “Rules of Participation in Yandex Advertising Network” (https://yandex.ru/legal/partner/ or https://yandex.com/legal/partner_ch/, depending on which document applies to YAN Agreement) («Rules of Participation»); and (3) The User undertakes to ensure YAN Partner’s compliance with the provisions of the Rules of Participation governing placement of the advertising block “Turbo-pages”. The foregoing terms shall not apply in case the YAN Agreement between Yandex and YAN Partner is concluded subject to the "Terms of Participation in Yandex Advertising Network" (https://yandex.com/legal/oferta_yan_ch/).
2.6.2. In case the User fails to comply with any requirement of the clause 2.6.1 above, Yandex shall be entitled to suspend User’s access to the Service in respect of all User Information or part of it.
2.6.3. The User could be allowed to use the feauture of automated placement of Advertisements within the User Information subject to the following terms: one advertisement block per each two screens (the screen shall mean the part of the User Information corresponding to one scrolling of the User Information on the screen of the mobile device). Particular place of advertisement block would be determined by Yandex. More information on the algorythm of the automated placement of Advertisements could be provided to the User upon request. The User also undertakes to approve the results of automated placement of advertisement blocks via web-interface or send Yandex his objections. The User also undertakes and and confirms that the foregoing feature of automated placement of Advertisements is subject to all warranties and liability provisions set forth by these Terms, including but not limited to clause 2.5 hereof.
2.7. If, in the reasonable opinion of Yandex, an Advertisement does not or may not comply with any legal requirements applicable to its display and/or infringes or may infringe on any third party rights, Yandex may demand that the User cease publishing such Advertisement by giving a written notice (including by email) to that effect to such User. The User shall review such notice within Three (3) business days of the date of receipt thereof and respond to Yandex within Three (3) business days of the date of such review.
2.8. By using the feedback form function, the User guarantees that the content of these forms and their purpose comply with applicable laws governing relations and, inter alia, undertakes to obtain all authorizations from persons completing the forms to transmit data to the User as the laws prescribe.
2.9. Each User agrees that any services, goods, rights or any other items provided to an Internet user through the Service shall be deemed to have been provided by the User in his/her capacity as the owner of the respective website and/or User Information. In no event shall Yandex be liable for any obligations arising out of the relations between the User and any third parties. Any and all liability to any third parties and governmental authorities shall rest with the User as the owner of the respective website and/or User Information. Yandex may give additional notices of such rule to Internet users.
2.10. Each User acknowledges and agrees that Yandex shall not be obliged to review User Information and that Yandex may (but is not obliged to), at its own discretion, refuse to display, or cease displaying, any User Information within the Yandex Search Engine, including, without limitation, if the User fails to comply with the requirements set out in Clauses 2.4–2.9 hereof.
2.11. No User may use the Service to display through the Yandex Search Engine User Information in violation of Clause 5 of the User Agreement for Yandex Services (https://yandex.com/legal/rules/).
2.12. By using the Service to display User Information through the Yandex Search Engine, the User automatically, irrevocably and unconditionally grants to Yandex, on a free-of-charge basis, a non-exclusive right to use, at Yandex discretion, User Information anywhere around the world for a period the same remains displayed within the Yandex Search Engine through the Service, including, without limitation, to reproduce, copy, select, systemize, transform, alter, edit, translate, publish, disseminate User Information (in full or in part) by any lawful means or to make it available for the public. Further, by using the Service, the User confirms that he/she has all requisite rights and authority to grant to Yandex the aforementioned rights to use any User Information. The User agrees that Yandex may use any User Information in its other services and software applications and in any advertising and promotional materials published on Yandex resources on the Internet in order to attract new users to the Service or other services or resources of Yandex, provided that Yandex shall have the right to use the respective User Information either with or without reference to the name of its author (in the latter case, Yandex will indicate the name of the User which he/she entered upon registration or additional registration). Yandex may assign the rights referred to in this clause to third parties. If the User is not entitled to grant to Yandex the right to use any of the materials within such User Information by the aforementioned means, he/she may not use the Service to display such materials within the Yandex Search Engine.
2.13. Each User is hereby notified and agrees that, in the course of using the Service, information about his/her website may automatically be transmitted to Yandex.
2.14. All questions, requests and/or claims relating to the Service shall be sent through the feedback form available at: https://yandex.ru/support/abuse/troubleshooting/turbo/list.html
2.15. All relations arising out of the use of the Service shall be subject to Russian law, regardless of the location of the User or of the equipment on which the User's website and/or User Information is hosted/stored, or the domain zone of the User's website. All disputes or controversies arising in connection with the use of the Service shall be referred to the court of competent jurisdiction at the location of Yandex. The Russian version of these Terms, which is always available at https://yandex.com/legal/turbo_termsofuse/, shall prevail over any translation thereof.
2.16. Each User further acknowledges and agrees that if his/her failure to comply with these Terms, including with the requirements set out in Clauses 2.4.–2.9. hereof, gives rise to any claim, request, order or lawsuit ("Claim") against Yandex, such User shall: (1) furnish to Yandex any and all information and documents requested from Yandex by a court, authorized governmental authority or any other person in connection with the filing and/or handling of such Claim; (2) settle all Claims filed against Yandex on its own account and at its own expense; and (3) reimburse Yandex for all documented expenses incurred by Yandex as a result of such Claim having been filed or handled.
Date of publication: 29.12.2018
Previous version of the document: https://yandex.com/legal/turbo_termsofuse/01062018/
Previous version of the document: https://yandex.com/legal/turbo_termsofuse/20112017/