Yandex.XML (Web Search API) Terms of Service

Effective Date: July 29, 2013

Current version available at: https://yandex.com/legal/xml/

We ask you to read carefully these Terms of Service (hereinafter — “Terms”) setting forth your rights and obligations in the course of use of Yandex.XML (Web Search API) service which allows you to send automated search queries and obtain search results in XML format (hereinafter — “Service”) provided by Limited Liability Company “YANDEX”, located at: 16 Lva Tolstogo str., Moscow, 119021, Russia (hereinafter — “Yandex”). These Terms and any other additional policies, referenced by or referencing to these Terms, including applicable documentation, instructions and guidelines shall jointly constitute, as added, amended, modified, supplemented or restated from time to time, binding agreement between you and Yandex applicable to your use of the Service (hereinafter — “Agreement”). If you use the Service in conjunction with other products, utilities and offerings of Yandex or any of its affiliates and subsidiaries the terms regulating the use of such products, utilities and offerings shall also apply to relations between you and Yandex. You agree and acknowledge that the Service may be provided by affiliates and subsidiaries of Yandex and this Agreement shall be applicable to your relations with affiliates and subsidiaries of Yandex.

Any use of the Service beyond the scope of provisions, requirements and limitation of these Terms shall be permitted only subject to prior written consent of Yandex.

These Terms incorporate by reference the following terms and policies (hereinafter — “General Policies”) which shall apply to the provision of Service, unless other regulation is set forth by the Agreement:

Yandex Terms of Service available at: (https://yandex.com/legal/termsofservice/) (hereinafter — “Site ToS”) shall also apply to relations under these Terms, provided that neither the Agreement, nor General Policies, nor any other additional policies, applicable documentation, instructions and guidelines contain regulation with respect to specific matter.

1. Acceptance of Terms

1.1. This Agreement shall enter into force as of the moment you first access or commence use of the Service. By accessing or using the Service you irrevocably and unconditionally accept and undertake to adhere to these Terms and confirm that you agree to be bound by this Agreement without any exemptions, limitations and exclusions, and any and all provisions of this Agreement shall be enforceable to the fullest extent against you.

1.2. In the event you disagree with any provision hereof and would not like to be bound by this Agreement you shall cease use of the Service immediately.

1.3. Yandex may at its own discretion develop additional functionality of the Service or discontinue maintaining and/or provision of the Service. In the event Yandex makes additional functionality available for the Service this Agreement and, as the case may be, additional policies shall be fully applicable to such new functionality of the Service, unless otherwise provided by relevant additional policy.

1.4. You hereby expressly confirm and acknowledge that you are of the sufficient age to use the Service in accordance with the laws of your country of residency or any other applicable legal requirements.

2. Use of the Service

2.1. You may be required to create and log in into account provided by Yandex in accordance with General Policies and Site ToS in order to use the Service. Yandex may also require you to provide additional information (such as telephone number or other information) to obtain expanded access or increased scope of use of the Service.

2.2. Subject to your strict compliance with these Terms, General Policies and Site ToS, Yandex grants you a non-exclusive, non-assignable, non-transferrable right to use the Service for the following purposes: (i) display Yandex search results on your website and in application; (ii) make temporary copies of Yandex search results for the use on your website or in application.

2.3. You hereby acknowledge and agree that your use of the Service may be limited by Yandex at its discretion without your consent, including as regards the number of requests of may be entitled to make to the Service. You hereby acknowledge and agree that you will be entitled to make maximum ten (10) requests per day for Yandex search results to the Service in the event you have not provided and verified your telephone number with Yandex. In the event you have provided and verified your telephone number with Yandex in accordance with procedure established by applicable documentation, instructions and guidelines, you may be entitled to send up to one thousand (1 000) requests per day for Yandex search results to the Service. Notwithstanding the foregoing, Yandex shall be entitled to limit number of requests to the Service at its own discretion at any time for any reason.

2.4. Requests to the Service for Yandex search results shall be sent solely from one or several IP (Internet Protocol) addresses registered with Yandex.

2.5. You shall be entitled to use the Service solely for the purpose of providing Yandex search results at your website or in application without alteration of order of Yandex search results impression, unless otherwise provided herein.

2.6. You hereby acknowledge and agree that Yandex shall be entitled to monitor your performance hereof and use of the Service for the purpose of improving the quality of the Service and compliance with the Agreement, General Policies and Site ToS. You shall desist from interfering with monitoring and Yandex shall be entitled to circumvent and overcome any of your interference.

2.7. You hereby undertake, agree and acknowledge to comply with any and all Yandex’s policies, instructions, documentation and guidelines, as well as all the laws and regulations applicable to your operations, including, without limitation, laws of jurisdiction of your incorporation or residence related to online services, personal data and privacy, legitimacy of content, export of data requirements). You hereby further undertake at any time to refrain from, as well assist or permit any third parties performing the following actions:

2.7.1. Use the Service in violation of any applicable law or for unauthorized purpose;

2.7.2. Interfere or disrupt the Service or operation of equipment, service and/or network providing the Service, failure to comply with any provision of applicable Yandex’s policies, instructions, documentation and guidelines;

2.7.3. Resell, redistribute, sublicense or create similar product on the basis of Yandex search results obtained through the Service;

2.7.4. Reproduce, copy, store or cache Yandex search results acquired through the Service, unless otherwise permitted herein;

2.7.5. Use the Service to disseminate any virus, Trojan horse, worm, phishing or any other program intended to disrupt operation of any information systems, equipment or data;

2.7.6. Use the Service to defame, abuse, harass, stalk or threaten others;

2.7.7. Reorder, intermix, obscure, filter, replace the text, images or other information in Yandex search results obtained through the Service, unless otherwise required by applicable legislation and provided herein;

2.7.8. Generate fraudulent impressions or clicks on Yandex search results obtained through the Service;

2.7.9. Reverse engineer, decompile, disassemble, alter or extract source code from the Service or any related software;

2.7.10. Hide your identity or conceal information about your use of the Service and your website or application requesting Yandex search results through the Service;

2.7.11. Modify the display of any website or webpage accessed by the links through the Service.

2.8. Yandex shall be entitled at its discretion to incorporate its trademarks, logos or other information identifying that search results are obtained through the use of the Service. In such an event you undertake and agree not to remove, modify, obscure, alter or interfere with display or impression of these trademarks and logos. You further agree and acknowledge to expressly attribute Yandex Service as source of the search results on your website or in application in a manner required by Yandex in applicable documentation, instructions and guidelines (as may be amended from time to time).

Unless otherwise provided in the Agreement, including in applicable documentation, instruction and guidelines, the attribution you are required to include into the search results page shall indicate the amount of search results obtained through use of the Yandex’s Service in the following format (https://tech.yandex.com/xml/doc/dg/concepts/design-requirements-docpage/):

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2.9. You hereby acknowledge and agree that end user terms of service contained on your website and in application shall be in full compliance with General Policies and the Site ToS and shall be prominently visible on each page containing Yandex search results obtained through the Service.

2.10. You hereby further expressly acknowledge and agree and undertake to obtain consent from users of your website or application to the effect that Yandex shall be provided with the right to collect and use submitted information in accordance with General Policies and Site ToS.

2.11. The Service may provide access to copyright protected works, images, videos, audio, software and other content owned by third parties. You hereby expressly acknowledge and agree that third parties who make it available shall bear sole responsibility for such content. You further expressly agree and acknowledge that you shall be solely responsible for blocking of display of specific links in Yandex search results obtained through the Service in response to notice of alleged copyright infringement in accordance with the legislation applicable to your operations. Your copyright infringement policy shall comply with Yandex’s copyright infringement policy contained in the Site ToS and at the following location: http://feedback2.yandex.com/copyright-complaint/. For the avoidance of any doubts, you shall not be entitled to interfere with the order to Yandex search results in any other event and such interference shall be considered material breach hereof.

2.12. You herby expressly agree and acknowledge that Yandex at its sole discretion may be entitled to include advertising into Yandex search results obtained thought the Service. In the event you use the Service to retrieve search results for your website or application, no advertising shall be placed by you or obtained through third parties shall be impressed on the page together with Yandex search results, unless otherwise provided by additional policies related to online advertising applicable to such relations.

2.13. Any usage of automatic or semiautomatic solutions, designed to change browser default search engine settings and/or browser default home page settings in favor of a page, that uses Yandex.XML or redirects to a page, that uses Yandex.XML, is prohibited. An automatic or semiautomatic solution is any solution, that is not assuming an act of manual change of the mentioned settings by a browser user himself.

3. Indemnification

You hereby undertake to indemnify and hold Yandex and its officers, directors, affiliates, subsidiaries and agents harmless from and against any and all loss, liability, damages and expense (including reasonable attorneys’ fees and costs) incurred as a result of any claims, proceeding or lawsuits arising out of breach (or alleged breach) by you or user of your website or application of any provisions of this Agreement, as well as General Policies and Site ToS.

4. Rights to the Service

You hereby acknowledge and agree that Yandex, as well as its relevant affiliates, subsidiaries, suppliers and agents retain all rights, title, interest in and to the Service and all the associated intellectual property rights and your use of the Service in any way does not grant you any rights to the Service and associated intellectual property other than expressly provided herein.

5. Payments

Yandex reserves the right to introduce payments for certain scope of use of the Service, including on the basis of amount of requests to the Service exceeding established limits or otherwise.

6. No Warranty, Limitation of Liability

6.1. You hereby acknowledge and agree that, although Yandex employs commercially reasonable efforts to provide the best possible user experience the Service is provided to you on “as is”, “as available” and “with all faults” basis and you use the Service exclusively at your own risk without any express or implied representations and/or warranties of any kind by Yandex, its affiliates and subsidiaries, including, but not limited to, as follows: (i) warranties of suitability for particular purpose, non-infringement, title and merchantability; (ii) representations and warranties that the Service will meet your expectations, requirements and are error-free, accurate, ensure uninterrupted service, secure, reliable, useful, available, meeting certain quality standards or your needs or that any errors occurring in the Service will be corrected; (iii) warranties as to the exact match of Yandex search results obtained by using the Service to the search results on the Yandex Search Engine available at the following location: http://www.yandex.com.

6.2. You hereby acknowledge and agree that liability of Yandex, its affiliates and subsidiaries is limited and, to the extent permitted by applicable law, Yandex, its affiliates and subsidiaries and their distributors, officers, employees, agents, partners and licensors shall bear no liability for direct, indirect, incidental, special, consequential exemplary or punitive damages, any loss of profit, revenues or data, loss of goodwill, cost of substitute services, based on any theory of liability, resulting from: (i) your use of the Service; (ii) reliance on any information available through the Service; (iii) actions undertaken under your account, including, but not limited to, in the event of unauthorized access to your account, data or Service; (iv) any other matter associated with the Service.

6.3. In the event law of specific jurisdiction applicable to limitation or exclusion of liability of Yandex, its affiliates and subsidiaries and their distributors, officers, employees, agents, partners and licensors under this Section 6 does not permit certain types of exclusion of warranties or liability, to the extent permitted by applicable law, total liability of Yandex, its affiliates and subsidiaries and their distributors, officers, employees, agents, partners and licensors under any grounds shall be limited to the amounts paid by you for the Service or, at the discretion of Yandex, its affiliates and subsidiaries your exclusive remedy shall be provision of the Service to you again.

7. Modification, Discontinuance and Termination

7.1. You hereby acknowledge and agree that Yandex shall be entitled to add, alter, modify, as well as suspend, stop, discontinue, cease maintenance, updating and correction of errors with respect to any functionality of the Service, including, but not limited to, to terminate the Service or part thereof without any notice to you. Yandex shall be entitled to commence charging fees for the use of the Service or change any previously established fees. Your continuance of the Service use following any modification thereof shall be considered as irrevocable and unconditional acceptance of the changes. Yandex shall not be held liable for any of your losses or additional costs caused by any modification, discontinuance or termination of the Service or part thereof.

7.2. You hereby acknowledge and agree that Yandex at its own discretion shall be entitled to impose limitations and restrictions on your use of the Service, as well as terminate your access to the Service altogether without any notice to you. The limitations and restrictions may be established for certain categories of users, including, but not limited to, depending on location, language, age, availability of rights to content, legal requirements or other reasons, and may include unavailability of specific functionality of or the overall access to the Service, limitations for storage of content under your account and otherwise.

8. Miscellaneous Provisions

8.1. This Agreement, including General Policies, Site ToS and additional policies, as the case may be, constitutes the entire agreement between you and Yandex and supersedes any prior versions of the Agreement, Terms, as well as arrangements, correspondence, membership conditions and any other similar terms and conditions. This Agreement is applicable exclusively to relations between you and Yandex and does not create any third-party beneficiary rights.

8.2. Yandex shall be entitled to modify and amend this Agreement, Terms, as well as General Policies, Site ToS and any of the additional policies at its sole discretion without any prior notice to you. These modifications and amendments may be due to the changes in the Service or in order to ensure compliance with legal requirements or for any other reasons. The modifications and amendments will become effective as of the moment they are available on this page, unless otherwise expressly specified therein.

8.3. The failure of Yandex to exercise or enforce any of its rights hereunder shall not be considered as waiver of such rights. In the event any provision of the Agreement is found to be invalid or unenforceable by the competent court or state body, the parties hereto acknowledge and agree that other provisions of the Agreement remain in full force and effect. The parties undertake to use every effort necessary to replace such invalid and unenforceable provision with the valid and enforceable provision that reflects intentions of the Parties to the maximum extent possible.

8.4. Yandex shall be entitled to assign, transfer, pledge or otherwise alienate its rights hereunder, in whole or in part, at any time at Yandex’s own discretion without any notice to you. You hereby acknowledge and agree that you are not entitled to transfer any rights or obligations hereunder, including, but not limited to, any rights associated with your account related to the Service.

8.5. You and Yandex hereby acknowledge and agree that this Agreement shall be construed and governed in accordance with substantial laws of the Russian Federation, without giving regard to its conflict of laws rules. Any claim, controversy or dispute arising out of or in relation of this Agreement or additional policies shall be exclusively referred for resolution to the state courts of the Russian Federation. To the extent permitted by applicable law, you hereby expressly and irrevocably agree to submit to the jurisdiction of the state courts of the Russian Federation with respect to any claim, controversy or dispute arising out or in relation of this Agreement.