Yandex.Games Developer License Agreement
This is an old version of the document, which expired on September 06, 2021. The current version is available at: https://yandex.ru/legal/yandexgames.
This license agreement ("Agreement") is made between any individual, legal entity or an individual entrepreneur uploading or otherwise placing any Game to/on the Yandex Games Platform ("You" or "Developer"), and YANDEX LLC located at 16 Leo Tolstoy St., Moscow 119021 ("Yandex") holding the exclusive right to the Yandex Games Platform.
In addition to this Agreement, the following documents shall apply to the relations between Yandex and the Developer to the extent pertaining to the uploading of Games to the Yandex Games Platform: 1) the User Agreement for Yandex Services always available at https://yandex.com/legal/rules, and 2) the Privacy Policy always available at https://yandex.com/legal/confidential.
TERMS AND DEFINITIONS
"API" means a set of procedures and functions of the Yandex Games Platform on which Games are to be placed providing for its embedding in a Game so as to ensure its compatibility with the capabilities of the Yandex Games Platform and such Game's connection to the Authorization System and the Payment Registration System.
"Affiliate" means any legal entity or individual directly or indirectly controlled by, or controlling, or under common control with, a Party, where 'control' means the ability to directly or indirectly influence the decisions taken by such legal entity or individual, including through participation in its share (charter) capital, by contract or otherwise, including through the ownership of more than 50% of voting shares/participation interests in its share (charter) capital.
"Revenue" means the total amount of actually received license Payments from Users in the Reporting Period, less any applicable taxes, acquiring fees, app store fees and Fraudulent Payments.
"Game(s)" means software application(s) (including all updates and upgrades and Game Materials) to be placed by the Developer on the Yandex Games Platform. In order to execute and perform this Agreement, the Developer shall either be the Copyright Holder of the Game or shall have been granted all required authorizations and rights in respect of the Game.
"Game Account" means a record to be created by the User on the Game Server containing data on the Game usage by the User as required to play such Game.
"Game Materials" means any and all artistic elements of the Games submitted by the Developer, including, without limitation, any and all images, 3D models, 3D files, textures, level plans (map/arena/ring images), animated files, maps, sketches, pictures, design documents, and image, text, video and audio files that are part of the Game or that use its core elements, including sounds, voice records and effects, and music.
"Fraudulent Payments" means any payments made in violation of laws of the Russian Federation, and also any cancelled, erroneous and/or reclaimed payments.
"Reporting Period" means a calendar month.
"Partner Interface" means an interface for liaison between the Developer and Yandex where the Developer can fill in a questionnaire specifying its details, select a payment currency and perform other actions as provided by the interface functionality.
"Payment" means funds (licensee fees) to be paid by the User for the rights to use the Game, including, inter alia, for the rights to use non-activated data and commands allowing the User to acquire intra-game items and currency within the game process.
"Payment System" means credit institutions and/or mobile communications operators and other legal entities involved in the acceptance and transmission of Payments under agreements entered into with Yandex.
"Yandex Games Platform" means the platform owned and operated by Yandex on which Games are to be placed.
"User" means any individual user who gains access to the Game for his/her personal use (not for distribution).
"Copyright Holder" means the owner of the exclusive rights to the Game.
"Game Servers" means a suite of hardware and software tools required to maintain the Game in working order and allowing the User to play the Game. The Game Servers shall be owned either by the Developer or the Copyright Holder.
"Authorization System" means a suite of hardware and software of Yandex allowing the User to access the Game Servers and the Game Account.
"Payment Registration System" means a suite of hardware and software tools of the Payment Systems allowing Yandex to keep track of incoming payments made by Users through the Payment Systems.
"Party" means any of the Parties hereto: the Developer or Yandex.
"Device" means any device of the User capable of accessing the Yandex Games Platform and/or on which a Game can be installed and/or played.
1. LICENSE
1.1. You hereby grant to Yandex a nonexclusive, worldwide, and royalty-bearing license to use Your Game during the term hereof, including to reproduce (including on the Game Servers), copy, distribute (offer and grant a license to Users to play the Game and the right to accept Payments), publicly display, publicly perform, modify and make the Game available to the general public, and also to advertise, promote and sublicense the Game on the terms provided for herein. You shall be solely responsible for the obtaining of all necessary rights from all copyright holders to grant this license.
1.2. You shall be and remain the holder of all rights and interests in respect of Your Game, including, but not limited to, all intellectual property rights pertaining thereto, such as copyrights, patents, and rights in trademarks and trade secrets. Nothing in this Agreement shall operate to transfer any of the aforementioned rights.
1.3. You hereby grant to Yandex a nonexclusive, worldwide, and royalty-free license with the right to sublicense to use Your trademarks, trade names, service marks, logos and/or other identification or distinctive marks, and also images identifying Your Game (icons, etc.) within the term hereof by way of their placement, copying, reproduction, public display, making available to the general public on the Internet and on User Devices in order to identify you as the copyright holder of the Game and in advertising and promotion materials relating to the Game Platform (on online and offline sites).
1.4. Nothing in this Agreement shall operate to authorize you to use any trademarks, trade names, service marks, logos or other identification or distinctive marks of Yandex.
1.5. Advertising restrictions. You may place Yandex advertisements or promo codes in Games on the basis of a separate agreement to be executed with Yandex. You represent that no advertisements or promo codes, other than those of Yandex, will be placed, displayed or included in any Games and/or any materials associated therewith by any technical means. Yandex reserves the right to remove Your Game from the Yandex Games Platform and/or terminate this Agreement if Yandex becomes aware of your failure to comply with this Clause 1.5.
1.6. The Parties shall cooperate in order to connect the API to the Game and to connect the Authorization Systems and the Payment Registration Systems.
2. YANDEX GAMES PLATFORM
2.1. In order for the Game to be placed on the Yandex Games Platform, You must have an active account and be registered with the game console at https://games.yandex.ru/console. Such account with the Yandex Games Platform will allow You to view and modify Your profile, information about Your Game and perform another actions provided by such account.
2.1.1. You must provide valid information in your Yandex profile, including Your email address, corporate name, VAT and/or any other tax identifier, addresses, country, website, email address for orders, email address for user support and email address for emergency support (to be used by Yandex only), and any other information as may reasonably be required by Yandex (for example, phone and fax numbers, your contact person details, etc.).
2.1.2. You must furnish to Yandex Your valid bank details to be used by Yandex to transmit to you the license fee for the right to use the Games.
2.2. The Game must be entered with the use of a Yandex login that You shall embed in the Game using Yandex's official API.
2.3. Your Game must be accompanied by the following information: its name, detailed description, brief description (which, if unavailable, can be generated by Yandex), instructions, directory shortcut (which, if unavailable, can be generated by Yandex), images (screenshots), platform data and other technical requirements, version (if any), category, terms of distribution, keywords, classification (for example, if not recommended for Users of certain ages and/or otherwise), status (active/inactive), serial numbers (if no serial number generation form is selected), build and a description thereof (name, version, platform, device, language, file formats, compatibility), etc. Your Game shall meet the requirements for the Game set out in the Developer's Guide, located at: https://yandex.ru/dev/games/doc/dg/concepts/requirements.html (hereinafter — Developer’s Guide)
2.4. You shall solely be liable for the accuracy, correctness and validity of the information that You Provide to Yandex and Users, and You hereby represent that such information is accurate, correct and valid and that Your Game is secure, has no design and functionality defects and complies with all applicable laws and requirements.
2.5. Yandex shall be entitled to unilaterally make changes to the name of the developer and the name of the Game in order to ensure their compliance with the requirements for the Game set out in the Developer's Guide.
2.6. Prohibited Games. You may not seek to upload to the Yandex Games Platform any Games or any materials related thereto that are in breach of any policies of Yandex or that:
2.6.1. in any manner block, disable or damage any Device, software, network or personal data of any User or allow for unauthorized access to any Device, software, network or personal data of any User, Yandex, Yandex's partners or any other third party, including, inter alia, any Game that transmits viruses, worms, malware or spyware;
2.6.2. contain any illegal content, child pornography, obscenities, nudity, sexual activity, extremist materials, any materials inciting hatred or violence, offensive, discriminatory or any other materials the distribution of which is prohibited or restricted in accordance with applicable law;
2.6.3. illegally process private and confidential information of individuals;
2.6.4. violate, or contain links to a website that violates, any intellectual property rights, including copyright, trademarks, patents, know-how or any other third-party intellectual property rights;
2.6.5. promote online gambling, including, inter alia, online casinos, sports betting and lottery services;
2.6.6. mimic the functionality or warnings of a User's operating system or other applications;
2.6.7. facilitate, promote, support or otherwise allow for the making or processing of payments by a User within the Game through the use of any tool or method other than those provided by Yandex.
2.7. You must submit Your Game, materials and information in such format, by such means and with the use of such delivery tools as prescribed by Yandex.
2.8. If Your Game contains any software licensed as approved or recommended by the Open Source Initiative (an Open Source Initiative Approved License), You represent and warrant that any Yandex software shall be excluded from the scope of such license operation.
2.9. The Yandex Games Platform will use Your Game ratings; Users who will download Your Game will be able to rate it. If Your Game receives no rating from Users, Yandex may rate it at its discretion on the basis of its quality and statistics.
2.10. You shall solely be liable for any classification, categorization or characterization of the Your Game (including, without limitation, for sensitive content or for any Games not recommended for Users of certain ages) in accordance with applicable law. In any event, Yandex shall not be liable for Your Game classification, categorization or feature; provided, however, that, notwithstanding the foregoing, Yandex may at its own discretion reclassify or recategorize the Game or assign any other characterization factor thereto.
3. SUPPORT AND MAINTENANCE
3.1. You shall be liable for any support and maintenance services related to Your Game. Your shall solely be liable for Your Game, its quality and characteristics, the accuracy and completeness of the information that You provide to Users, for any express or implied product warranty, support, maintenance and other Game-related obligations, for communication with Users and for handling any User claims and requests in respect of Your Game.
3.2. You agree to provide email and telephone support to Users, specify Your name, address, email address or telephone number of the support services in a place within Your Game and respond to Users' questions related to the Game within Five (5) business days.
3.3. If You become aware of any serious defect in Your Game, You shall promptly advise Yandex thereof.
3.4. Yandex shall not be obliged to offer Users any support or maintenance services in respect of Your Game, provided that Yandex may (but shall not be obliged to) consider any User claim.
4. GAME REMOVAL
4.1. By You:
4.1.1. You may at any time demand that Your Game be removed from the Yandex Games Platform, provided that such removal shall not:
a) affect any license rights of the Users that already obtained a license to Your Game;
b) modify Your obligation to provide or support Your Game or services previously licensed or purchased by Users.
4.1.2. Notwithstanding the above, under no circumstances shall Yandex store Your Game, if You remove Your Game from the Yandex Games Platform and if: (a) You notified Yandex thereof in writing; or (b) Yandex otherwise becomes aware of such removal having been caused by any actual or threatened breach of Clause 2.5 hereof.
4.2. By Yandex
4.2.1. Yandex may block Your Game on or remove it from the Yandex Games Platform upon receipt of Your respective notice or if Yandex otherwise becomes aware or determines at its own discretion that Your Game or any part thereof or any materials related thereto:
a) violate this Agreement; or
b) are in breach of Yandex's policies or those of Yandex's Affiliates as adopted and amended from time to time by Yandex or its respective Affiliates;
c) have serious defects or poor quality;
d) may give rise to liability for Yandex and/or any of its Affiliates;
e) do not meet the requirements for the Game set out in the Developer's Guide.
4.2.2. Yandex reserves the right to, at its own discretion, suspend the placement of Your Game or any materials related thereto on and/or remove the same from the Yandex Games Platform.
5. REPRESENTATIONS AND WARRANTIES
5.1. Your representations and warranties. You represent and warrant that:
5.1.1. You have all powers, legal rights and competence to sign this Agreement and perform Your obligations hereunder;
5.1.2. if You agree to be bound by this Agreement on behalf of Your employer or any other person you represent, You have full legal authority to sign this Agreement on behalf of such employer or such other person;
5.1.3. the information that You provide to Yandex hereunder is true and accurate;
5.1.4. Your Game as is and subject to any subsequent updates complies with Clause 2.5 hereof;
5.1.5. The Developer is either the Copyright Holder of the Game or shall have been granted all the rights in respect of the Game and its components required to execute and perform this Agreement, including, without limitation, the source code of the Game and other objects necessary for the correct operation of the Game, and any other materials and results of intellectual activity included in the Game by or as instructed by the Developer, and has all rights and authorizations to grant to Yandex the license to use the Game as contemplated;
5.1.6. the use by Yandex of the Game as provided for herein does not infringe upon any third party rights.
5.2. Except as expressly provided for herein, neither You nor Yandex make any representations and warranties and each Party expressly disclaims any other representations and warranties, express or implied.
6. FEES AND PAYMENT
6.1. In consideration for the license to use the Game, Yandex shall pay to the Developer a license fee of Fifty percent (50%) of Revenue received by Yandex (excluding VAT) in the Reporting Period.
6.2. Payments hereunder shall be made in the currency agreed and set out in the Partner Interface by wire transfer of funds pursuant to the bank details specified in the Partner Interface. If Yandex receives Revenue in Russian rubles, Yandex shall pay the license fee in the agreed currency as provided for above, at the exchange rate of such foreign currency against the Russian ruble set by the Central Bank of Russian Federation for the Report date.
6.3. The Parties agree that the following taxation terms shall apply to this Agreement:
6.3.1. The Developer's fees shall be subject to VAT in accordance with tax legislation of the Russian Federation which is calculated (if applicable) on top of the Developer’s fee specified in Clause 6.1. of this Agreement and subject to provision of the necessary information by the Developer. Each of the Parties is solely responsible for the calculation and payment of taxes levied on such Party in accordance with the applicable tax legislation.
6.3.2.1. A) If the Developer is an individual who is a Russian tax resident, the license fee calculated as provided for in Clause 6.1 hereof shall not be subject to VAT and shall include personal income tax in the amount set out in the Tax Code of the Russian Federation, to be calculated, deducted and paid by Yandex as a tax agent in accordance with Article 224.1 and 226 of the Tax Code of the Russian Federation (the rate of personal income tax is 13%). The Developer acknowledges that such payment is made in accordance with laws of the Russian Federation and that in such case the Developer's fees will be reduced by the amount of tax so withheld pursuant to law. The Developer shall notify Yandex of any change to its tax status. The Developer shall, at Yandex's request, furnish documents confirming its tax status in the Russian Federation. If the Developer's tax status representation given pursuant to this Clause fails to be true, the Developer shall compensate Yandex for all documented expenses that Yandex will incur in accordance with effective Russian legislation.
6.3.2.1. B) If the Developer is: (i) an individual who is not a Russian tax resident; or (ii) a foreign individual entrepreneur, the license fee calculated as provided for in Clause 6.1 hereof shall not be subject to VAT and shall include personal income tax to be calculated, deducted and paid by Yandex as a tax agent in accordance with Article 224.3 and 226 of the Tax Code of the Russian Federation (the rate of personal income tax is 30%).
The Developer shall notify Yandex of any change to its tax status. The Developer shall, at Yandex's request, furnish documents confirming its tax status in the Russian Federation. If the Developer's tax status representation given pursuant to this Clause fails to be true, the Developer shall compensate Yandex for all documented expenses that Yandex will incur in accordance with effective Russian legislation. The Developer shall at its own discretion and expense calculate and pay any and all taxes, levies and make other mandatory payments under the law of the country of its tax residence, provided that the license fee hereunder shall not be affected thereby. Yandex shall, at the Developer's request, furnish documents confirming such withholding.
For the purposes of applying exemption from / a lower rate of income tax pursuant to an effective Double Taxation Agreement, the Developer shall furnish to Yandex: (1) a certificate of tax residence ("Certificate"); and (2) a letter confirming the Developer's status as the beneficial owner of the license fee payable by Yandex.
At Yandex's request, the Developer shall provide the aforementioned documents each calendar year no later than on the first date of payment in the respective calendar year.
If the Developer fails to provide Yandex with such documents, Yandex may:
(a) with the Developer's consent, defer the respective payment to a later date defined by the Developer, provided that the Developer shall have furnished the required documents by such date; or
(b) make payment pursuant to the payment schedule, in which case Yandex shall be entitled to deduct the amount of withholding tax at the effective rate of 30%. Yandex shall, at the Developer's request, furnish documents confirming such withholding.
The Developer acknowledges that such payment is made in accordance with laws of the Russian Federation and that in such case the Developer's fees will be reduced by the amount of tax so withheld pursuant to applicable law.
6.3.2.2. A) If the Developer is a Russian legal entity or an individual entrepreneur who is a Russian tax resident, the license fee shall not include taxes, Yandex shall not act as a tax agent and the Developer shall pay all statutory taxes to the budget of the Russian Federation on its own.
6.3.2.2. B) If the Developer is a foreign legal entity, then:
- the Developer's license fee shall not include Russian VAT. Yandex shall remit Russian VAT to the Developer on top of the license fee calculated in accordance with Clause 6.1. of the Agreement, provided that the Developer provides Yandex with information about its taxpayer number issued to the Developer by the competent Russian tax authority. The Developer is responsible for paying Russian VAT to the Russian Federation in accordance with the requirements of the applicable Russian tax legislation. Yandex is not the Developer's tax agent for the purposes of calculating and paying Russian VAT.
- the Developer's license fee shall include all applicable taxes, duties, levies and/or other mandatory payments to be calculated in accordance with the tax legislation of the Developer's country of registration (if any), subject to the following aspects of application of withholding tax at source in Russia:
- An existing Double Taxation Agreement provides for exemption from / a lower rate of withholding tax at source in Russia
For the purposes of applying exemption from / a lower rate of income tax pursuant to such Double Taxation Agreement, the Developer shall furnish to Yandex: (1) a certificate of tax residence ("Certificate"); and (2) a letter confirming the Developer's status as the beneficial owner of the license fee payable by Yandex.
At Yandex's request, the Developer shall provide the aforementioned documents each calendar year no later than on the first date of payment in the respective calendar year.
If the Developer fails to provide Yandex with such documents, Yandex may:
(a) with the Developer's consent, defer the respective payment to a later date defined by the Developer, provided that the Developer shall have furnished the required documents by such date; or
(b) make payment pursuant to the payment schedule, in which case Yandex shall be entitled to deduct the amount of withholding tax at the effective rate of 20%. Yandex shall, at the Developer's request, furnish documents confirming such withholding (20%). The Developer acknowledges that such payment is made in accordance with laws of the Russian Federation and that in such case the Developer's fees will be reduced by the amount of tax so withheld pursuant to applicable law (20%).
- No Double Taxation Agreement with the Russian Federation
Yandex shall withhold from the license fee due to the Developer a tax levied on income received by foreign entities from sources in the Russian Federation at effective rate of 20%. Yandex shall, at the Developer's request, furnish documents confirming such withholding. The Developer acknowledges that such payment is made in accordance with laws of the Russian Federation and that in such case the Licensor's fees will be reduced by the amount of tax so withheld pursuant to applicable law (20%).
6.4. Within Five (5) business days of the date of execution of this Agreement, the Parties shall sign a transfer and acceptance statement in respect of the rights ("Statement"). The Parties acknowledge that such Statement shall have full force and effect if delivered by electronic mail from the email address set out in the Partner Interface (if sent by the Developer) and from an email address with the @yandex-team.xx domain name, where .xx can be any top-level domain (if sent by Yandex).
6.5. Yandex shall submit regular bilateral (or unilateral if applicable) reports to the Developer in respect of calculation of the Developer's license fee for the respective Reporting Period ("Reports") starting from the first Reporting Period in which Yandex generated Revenue. Such Reports shall be emailed by Yandex within Seven (7) business days of the end of the respective Reporting Period. If the amount of license fee for a Reporting Period is less than the amounts set out in section 6.8, the Report for such Reporting Period is not provided. The amount of license fee for such Reporting Period will be included in the Report for the Reporting Period in which the amount of license fee will be higher than amounts set out in section 6.8.
Within Ten (10) business days of the Report date, the Developer shall review the same and, in case of disagreement therewith, may send (including by email) to Yandex its reasoned refusal to approve such Report. If no such written reasoned refusal is received by Yandex within the aforementioned period, the Report shall be deemed approved by the Parties and the Developer's license fee for such Reporting Period shall be deemed agreed. Such Report shall serve as ground for payment and Yandex will not accept any further claims based.
If the Developer is a legal entity or a Russian individual entrepreneur whose fee is subject to VAT, the Developer shall send Yandex a Report signed by the Developer (which will clearly indicate the applicable amount of Russian VAT and the taxpayer number assigned to the foreign Developer by the competent Russian tax authority (if applicable)) and an invoice (if applicable) by e-mail along with two copies of the signed Report and invoice (if applicable)) sent by ordinary mail (or courier), or send Yandex a reasoned written refusal (including by e-mail) to approve the Report.
If no such written reasoned refusal is received by Yandex within Ten (10) business days of the Report date, the Report shall be deemed approved by the Parties and the Developer's license fee for such Reporting Period shall be deemed agreed. Such Report shall serve as ground for payment and Yandex will not accept any further claims based on the Report.
6.6. Yandex shall transfer the fee amount for the respective Reporting Period to the Developer's bank account specified in the Partner Interface within the following terms:
6.6.1.If the Developer is an individual, individual entrepreneur or legal entity whose fee is exempted from VAT - within Twenty (20) business days from the end of the Reporting Period, based on the Report for such Reporting Period;
6.6.2. If the Developer is a legal entity or an individual entrepreneur whose fee is subject to VAT in the Russian Federation - within Ten (10) business days from the date of receipt by Yandex of the Report signed by the Developer in accordance with Clause 6.5. of the Agreement and the invoice (if applicable) by e-mail, provided that the Developer furnished to Yandex the original Reports and invoices (if applicable) for all previous Reporting periods.
6.7. The date of payment shall be the date on which funds are debited from Yandex's bank account.
6.8. If the fee amount for a given Reporting Period is less than Thirty Thousand Rubles (RUB 30,000.00) excluding VAT or USD/EUR 500 excluding VAT, Yandex shall pay such fee to the Developer in the next Reporting Period in addition to the amount due for such given Reporting Period.
6.9. The Parties agree that if Yandex receives no Revenue, the license to use the Game granted by the Developer by Yandex pursuant to Clause 1.1 shall be free.
7. LIABILITY
7.1. You shall solely be liable for any claims, actions, suits, proceedings, liabilities, damages, losses, costs and expenses in connection with or relating to Your Game, including for breaches of any third-party rights, contracts or any applicable law.
7.2. Limitation of liability. In no event shall Yandex's total aggregate liability in respect of all claims arising out of or in connection with this Agreement exceed One Hundred Thousand Rubles (RUB 100,000) or USD/EUR 1500 (for non-residents).
7.3. Yandex shall not be liable for failure to perform or timely perform its obligations hereunder, if such failure is caused by force majeure circumstances, wars, civil disturbance, court orders, laws and regulations, natural disasters, failure or fluctuations in electrical power or other utility services or any other reason beyond its control.
7.4. You hereby agree to defend, indemnify, and hold harmless Yandex, its directors, officers and employees from and against any claims, actions, suits, proceedings, liabilities, damages, losses, costs and expenses (including reasonable legal expenses) arising out of or accruing from:
7.4.1. any actual or threatened breach of Your obligations, representations and/or warranties hereunder;
7.4.2. Your Game or Your actions actually or allegedly infringing any third-party intellectual property rights;
7.4.3. Your Game or Your actions actually or allegedly infringing any third-party personal data or privacy rights;
7.4.4. Your Game or Your actions actually or allegedly violating any applicable data protection, consumer protection or competition laws;
7.4.5. Your actual or threatened breach of any representation, warranty or obligation to Users (including, without limitation, any support and maintenance obligations).
7.5. If the Developer fails to meet the representations and warranties given pursuant to Section 5 hereof, the Developer shall compensate Yandex for all financial losses incurred as a result of such failure.
7.6. The penalties provided for herein shall only apply if the affected Party delivers a letter of claim to the defaulting Party.
7.7. Payment of penalties shall not relieve the Parties of their obligations hereunder.
7.8. Liability of the Parties hereunder shall be limited to actual damages and no lost profit shall be reimbursed.
8. TERM AND TERMINATION
8.1. This Agreement shall come into effect on the date of Your online or email acceptance thereof and shall continue in force until its termination in accordance with this Section 8.
8.2. You may terminate this Agreement in part or in full by sending a request for removal of Your Game (in part or in full, respectively) from the Yandex Games Platform, or by sending a notification about termination via e-mail indicated in section 9.4. Yandex may terminate may terminate this Agreement in part or in full by removing Your Game (in part or in full, respectively) from the Yandex Games Platform, or by sending a notification about termination via e-mail indicated in Developer's profile
9. GENERAL
9.1. Yandex may at its own discretion amend this Agreement without prior notice to the Developer. This most recent version of this Agreement shall be available at any time at https://yandex.com/legal/yandexgames. Any amendment of this Agreement shall become effective on the date of their publication at the above address, unless otherwise provided for in the respective amended version.
9.2. This Agreement shall be governed by and construed in accordance with the laws of the Russian Federation, regardless of its conflict of laws provisions. In the event of a dispute under this Agreement, the Parties shall first seek to resolve such dispute by negotiation. Any dispute, controversy, or claim arising out of or in connection with this Agreement shall be referred for resolution to the Moscow City Arbitrazh Court, and the Parties waive any and all objections to the exclusive jurisdiction and venue of the Moscow City Arbitrazh Court.
9.3. The Parties acknowledge that the rights and obligations assumed by Yandex hereunder may be assigned to Yandex's Affiliates and transferred by universal legal succession without prior notice to the Developer.
9.4. This document constitutes a translation of the Agreement into English. The Parties hereto have expressly agreed that this Agreement and any related documents shall be executed and construed in the Russian language. In the event of any conflict between the Russian version of this Agreement (or any notices) and a translation, the Russian version will prevail.
BY CREATING A YANDEX GAMES ACCOUNT, PROVIDING YOUR ELECTRONIC CONSENT TO THIS AGREEMENT BY CLICKING ON THE 'ACCEPT' BUTTON OR OTHER BUTTONS PROMPTING YOU TO ACCEPT THIS AGREEMENT ON THE RESPECTIVE REGISTRATION PAGE OF THE YANDEX GAMES PLATFORM, AND BY SUBMITTING YOUR GAME AND/OR REPLYING 'I AGREE' TO AN EMAIL CONTAINING THIS AGREEMENT, YOU: (I) REPRESENT AND WARRANT THAT THE INFORMATION PROVIDED BY YOU IS TRUE AND ACCURATE; HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT UNDER ANY LAW THAT MAY BE APPLICABLE TO YOU; ARE IN ANY EVENT AT LEAST EIGHTEEN (18) YEARS OF AGE; ARE THE GAME OWNER OR AN AUTHORIZED OR LEGAL REPRESENTATIVE THEREOF AND HAVE THE POWER AND AUTHORITY TO BIND THE GAME OWNER TO THE OBLIGATIONS HEREUNDER AND ARE AUTHORIZED TO EXECUTE THIS AGREEMENT ON ITS BEHALF; AND (II) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND, AND/OR TO CAUSE THE GAME OWNER TO BE BOUND, BY ITS TERMS AND CONDITIONS.
YANDEX LLC
Address: 16 Leo Tolstoy St., 119021 Moscow, Russia
Telephone, fax: (495) 739-70-00; (495) 739-70-70
E-mail: games-partners@yandex-team.ru
Date of publication: 29.06.2021
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