Terms of Use of Yango Music Service

Definitions

License — the license agreement for the Use of «Yango Music» Programs for Mobile Devices that is publicly available on the Internet at: https://yandex.com/legal/yangomusic_mobile_agreement.

Yango Music Service (Service) — the Yango Music service, which is accessible either via the Programs, whose rightholder is Service Provider, and the right to the use of which is provided on the terms described in the documents entitled "Terms of the Use of the Yango Music Service" (https://yandex.com/legal/yango_music_termsofuse).

Content — a set of musical works (including performances and phonograms) with or without lyrics, electronic lyrics of musical works, graphic images of musical album covers, as well as other materials available within the Yango Music Service.

Program(s) — a computer program "Yango Music" for mobile devices (iOS) or computer program "Yango Music" for mobile devices (Android), respectively, the right to use of which is granted under the License.

Database — database of "Yandex Music", which contains information about musical content, such as tracks, artists, albums, genres, and labels, as well as software (API) in order to access data, the right to use of which is granted under the License.

Service Provider — “Yandex Music" LLC, a legal entity (OGRN 1077759854919) registered at the address: 82 Sadovnicheskaya str., building 2, room 10A05, Moscow, Russia, 115035.

User — a user of the Program, Database and Service.

Yango Plus Subscription/Subscription — a service wherein the User is, for a fee and for a limited period of time, provided with the ability to receive remote access to Content to watch or listen to it via the internet or cellular network, a description of which is provided at https://yandex.com/legal/yango_plus_conditions.

1. General Provisions

1.1. These Terms determine the procedure and terms of use of the Service «Yango Music», which is provided by Service Provider.

1.2. These Terms are an addendum to the User Agreement for Yandex Services, LLC (OGRN - 1027700229193) services with respect to the procedure for using the Service. As for the remainder of provisions not covered by these Terms, the relations between Service Provider and the User arising out of or in connection with the Service shall be governed by the following documents of YANDEX, LLC (OGRN - 1027700229193):

and also documents of Service Provider:

1.3. By starting to use the Service or certain functions of the Service, the User shall be deemed to have accepted these Terms and the provisions of Regulatory Documents in full, without any reservations or exceptions. If the User disagrees with any of the provisions of the said documents, the User may not use the Service.

1.4. Service Provider may amend these Terms without any special notice; revised Terms shall come into effect once posted online at the URL specified in this clause, unless otherwise stipulated in the revised Terms. The Terms in force are always available at: https://yandex.ru/legal/yango_music_termsofuse.

1.5. The User shall stop using the Service, if he or she disagrees with any amendments to these Terms that the Service Provider made as prescribed by clause 1.4 hereof.

1.6. The Service enables the User, who has been authorized on the Service and has a valid (active) Subscription, to search, view and listen to the Content, and to use the Service by other means while in compliance with these Terms, subject to the limitations specified in Section 3 of these Terms and the Regulatory Documents mentioned in Clause 1.2 of these Terms. All currently available functions of the Service along with any developments and/or newly added functions shall be subject to these Terms.

1.7. By using the Service, the User gives his/her consent to receive informative messages. The User may unsubscribe from informative messages by using relevant functions of the Service or following instructions specified in a promotional message received.

2. Use of the Service. Certain Functions of the Service

2.1. Materials, which are included in the Content, shall constitute intellectual property of the rightsholders and are protected by laws. The updated information regarding the rightsholders of the Content is available at: https://yandex.com/support/music/performers-and-copyright-holders/copyright.html

2.2. The User shall be granted access to the Content as a result of authorization on the Service and as a result of purchasing Subscription. To access the Content, Users shall have the IP addresses of electronic devices (or proxy servers) that are associated to the territory of the State of Israel in accordance with the information available to Service Provider providing the User’s location.

The ability to access the Content is available only to Users who have the IP addresses of electronic devices (or proxy servers) on the Internet which are associated to the territory of the State of Israel, according to the information available to Service Provider based on the User's location.

2.3. The Service will make it functionally possible for an authorized User on the Service to place images as well as other materials on the Service (hereinafter referred to as the "User Content") both for its own use (viewing and/or listening) and enabling other Users of the Service to use (to view and/or listen to) them, and make it functionally possible to edit and delete any User Content posted. The User is solely liable to third parties for actions performed to post and distribute the User Content on the Service. By posting the User Content on the Service, the User confirms and warrants that the User Content meets current legislative requirements and complies with the Regulatory documents mentioned in clause 1.2 of these Terms, that User has all required rights and licenses to post User Content on the Services and that the User Content does not violate third-party rights and legitimate interests. Without derogating from the foregoing, the User understands, represents and warrants that the User Content may not and shall not violate third-party copyright and/or other intellectual property rights. The User undertakes to settle all third-party claims arising from posting, editing and/or use of the User Content by User or third parties independently and at own expense and shall indemnify and hold Service Provider harmless from all such claims.

2.4. The User acknowledges and agrees that Service Provider has no obligation to review and somehow check the User Content posted on the Service by the User, inter alia, to make sure it complies with applicable laws, including laws on the copyright and other intellectual property rights.

2.5. The User acknowledges and agrees that Service Provider is entitled, but not obliged, to refuse to post and/or distribute the User Content, or delete any User Content the User placed on the Service, at Service Provider's sole discretion. The User shall not have and hereby waives any claim or allegation against Service Provider for such actions.

2.6. By posting the User Content on the Service, the User automatically, unconditionally and irrevocably grants to Service Provider, at no cost, the non-exclusive and sublicensable right and license to use the User Content worldwide during the period of posting the User Content on the Service, including, but not limited to, reproduce, copy, select, arrange, convert, change, edit, translate, publish, make publicly available, and distribute the User Content, in part or in whole. By posting the User Content on the Service, the User represents to Service Provider that the User has respective authority and powers and all required licenses to grant the said rights to the Service Provider to use the posted User content. The User agrees that Service Provider and its sublicensees may use the User Content posted on the Service by the User in other services, software applications of Service provider, its affiliates or its sublicensees, and in advertising or marketing materials posted on online resources of Service Provider, its affiliates or its sublicensees to draw attention of other users to the Service or other resources and services of Service Provider, its affiliates or its sublicensees. By posting the User Content on the Service, the User agrees that Service Provider and its sublicensees shall not be obligated to provide the User with any information or reports on the results of the use of User Content intellectual property. By posting the User Content on the Service, the User additionally represents to Service Provider that Service Provider and its sublicensees may use the respective User Content with or without name and/or stage name of the authors, producers of phonograms, performers of this User Content (if this occurs, the login of the User that posted the User Content may be used as the author's name). If the User may not license any User Content to Service Provider within the limits provided for in the Terms, the User shall refrain from posting such User Content on the Service.

2.7. Rights to all objects that are included in the Service design as a whole and its individual elements, to the Program, to the Database, and the Content shall belong to their rightsholders. No intellectual property rights are granted to User by the Services or in connection therewith.

2.8. The User agrees that Service Provider will not be responsible for any use of playlists, other collections of the Content, User Content and/or links thereto created and/or posted by the User or other Users on the Service.

3. Limitations

3.1. The Service shall be provided "as is". Service Provider does not warrant the faultless and continuous operation of the Service and any of its functions as well as its fitness for the User's purposes and expectations.

3.2. The Service Provider shall not be held liable for any direct or indirect consequences of any use of or impossibility to use the Service and/or any damage inflicted on the User and/or third parties as a result of any use of, failure or impossibility to use the Service or its certain functions, inter alia due to possible errors or malfunctions of the Service.

3.3. By accepting the Terms of Use, the User agrees to the processing of his/her personal data, including their cross-border transfer to the territory of the Russian Federation, in accordance with the Privacy Policy (https://yandex.com/legal/confidential). In particular, the User's personal data may be used for the provision of the Service, and on an aggregated de-identified manner also for the assessment of the Service and Content statistics, as well as for the Service usability improvement, including the accuracy of the Service's personal recommendations.

3.4. Some Content may be unavailable within a certain territory in which the Service is provided (in certain residential areas, regions, or countries) due to technical reasons, and /or restrictions set by the rightholders with regards to certain Content, as well as other relevant reasons.

3.5. The Service, Content, Program and Database are intended for personal noncommercial use only within the bounds of the direct functional purpose of the Service and of the technical capabilities provided by the Service. The User, as a result of gaining access to the Content, agrees to use the Content and the Service, solely for his/her own personal, non-commercial purposes. Any copying, reproduction, processing, dissemination, publication as well as any other use of the Service/its parts and components, Content, Program and/or Database, including, for example, their use for advertising and promotion of any third-party goods or services without prior written consent of Service Provider, and any other commercial use thereof - is prohibited.

3.6. Service Provider reserves the right to regulate, limit, and restrict (technically, legally, organizationally, etc.) the use of the Service as a whole and its individual parts (including, for example, Content) and can change such regulations, limits, and restrictions as it deems fit, with no prior notice given to the User. The said regulations, limits, and restrictions can be different for different categories of Users.

3.7. The relationship between the User and Service Provider under these Terms shall be governed by the legislation of the Russian Federation. All questions, queries and claims related to the use of / inability to use the Service and possible violations of laws and/or third-party rights by the Program shall be sent via the feedback form at: https://yandex.com/support/abuse/troubleshooting.html. If Service Provider and the User fail to reach agreement within 30 days, the issue may be resolved in court and shall be exclusively referred to the competent courts at the Service Provider location. For the appeals of copyright holders in connection with the alleged infringement of copyright and/or related rights, please, contact via email music-copyright@yango.com, as well as instructions available in the Service's Help section.

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Yandex Music LLC, OGRN 1187746644920

Address: 82 Sadovnicheskaya Str., build. 2, office 10А05, 115035 Moscow, Russia

tel.: +7 (495) 739-7000, fax +7(495) 739-7070

Date of publication: 11.01.2023

Previous version of document: https://yandex.ru/legal/yango_music_termsofuse/29072022