Yandex Zen Terms of Use

1.Yandex Services AG (“Yandex”), a company incorporated under the laws of Switzerland, and located at Werftestrasse 4, 6005 Luzern, Switzerland, hereby offers the Internet user, (“User”) to use the Yandex Zen service (“Service”) to view personal recommendations (feeds) for Internet links that are collected using automatic indexing of publicly available information and based on the interests and browsing history of the User (“Links”), and the use of other functions of the Service. The User may access the Service via the following methods including, but not limited to: the Service’s website, Yandex’s or Yandex Affiliates’ [1] mobile and desktop applications that allow access to the Service and its functions, or services or software offered by Yandex’s third-party partners that allow access to the Service and its functions. The Service is offered in accordance with these Terms of Use (“Terms”).

2. General Provisions

2.1. Use of the Service by the User is governed by these Terms, which are a legally binding agreement between Yandex and the User.

2.2. Upon using the Service, or any of its separate functions, the User is considered to have accepted these Terms in full, without any reservations or omissions. If the User does not agree with any of the provisions of the Terms, the User may not use the Service.

3. Use of the Service and its Particular Functions

3.1. The Service is available to Users who have the legal capacity to accept these Terms and are of sufficient age, as may be required under the laws of the country of their citizenship or residence, to use the Service.

3.2. Yandex may, at its sole discretion, restrict the User’s access to the Service (or certain functions of the Service) in the event of repeated violations of these Terms, or may take other appropriate actions pertaining to the User to comply with legal requirements, third-party rights and legitimate interests.

3.3. The Links lead to webpages or websites on the Internet created by third parties. Yandex disclaims any and all responsibility for the quality or content posted on such webpages or websites. Indexation of the Links is performed automatically using certain algorithms that do not imply any prior or subsequent evaluation of website content (moderation) regarding its compliance thereof with legal, ethical or moral requirements, as well as any censorship. Yandex is not responsible for the availability of websites, or the absence of content or the quality of any offers for services, products, etc. available to the User through third-party websites indexed by Yandex, or for any losses incurred by the User from utilizing such offers.

3.4. Yandex does not guarantee and disclaims any responsibility for the continuous, interruption-free availability of the Service. The User understands that the availability of the Service largely depends on the User’s internet-connection, computer, mobile phone or other hardware devices as well as the chosen provider subscription.

3.5. The User shall use the Service solely for its immediate personal, non-commercial purpose, including the purposes stated in these Terms.

3.6. The User shall not undertake any actions which might interfere with the normal functioning of the Service. For the avoidance of doubt, if the User interferes with the normal functioning of the Service, Yandex will not be liable for any malfunctions of the Service caused by such interference.

3.7. The User shall be solely responsible for complying with any applicable laws when using the Service, including the laws of Switzerland, the laws of the User’s place of residence, and the place where the User undertakes 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(s) by the User, the User shall cease using the Service.

3.8. Yandex may provide the Service under the name of “Yandex Zen” or any other name chosen from time to time. Notwithstanding the name under which the Service is offered, the User shall not modify or remove the name of the Service (if this is possible), any copyright notices or other notices of intellectual property rights, or any other designations of Yandex and/or its partners.

3.9. If the User accesses the Service via Yandex’s third-party partner services or software that allow access to the Service or its functions, such third-party partners may provide additional services and/or features to the User. The User understands and agrees that the terms and conditions for using any such third-party services and/or features are determined by Yandex’s third-party partners, and that the User shall review and accept such terms and conditions before beginning to use such third-party services and/or features. In any such event, the User will enter into a direct contract with the respective third-party partners and not with Yandex. Yandex therefore expressly disclaims any and all warranties and liability to and before the User in relation to such additional services and/or features, including any information available via such third-party services and/or features.

3.10. The User hereby understands and agrees that all copyrights, patents, trademarks, know-how any and other intellectual property rights related to the Service are owned by Yandex and/or other right holders. For the avoidance of doubt, by accessing the Service, the User will not receive any ownership in Yandex’s intellectual property rights, but only a right to use them, which is minimally necessary for the User to use the Service in accordance with these Terms.

3.11. If you would like to submit a notice of an alleged copyright infringement related to the provision of the Service, please follow the instructions available at https://yandex.com/legal/zen_copyright_complaint/. For all other questions and claims relating to the use of, or the inability to use the Service, and possible infringement by the Service on the law and/or third-party rights, please submit all such questions or claims to zen@support.yandex.com.

4. User data

4.1. The User hereby acknowledges and agrees that in the course of using the Service, the following personal data of the User will automatically and anonymously be disclosed to Yandex: the type of operating system used by the User’s device, statistics on the use of certain functions of the Service, the Internet Protocol (IP) address of the User’s device, the User’s geolocation data, data on the WI-FI networks available to the User, cookie information, information required to display the Links and to display advertising materials (including the browsing history) and any other technical information required to provide the Service (“Data”).

4.2. The Data may be collected, stored and processed by Yandex in compliance with the principles of Swiss data protection laws, i.e., The Data will only be processed lawfully, proportionately, in good faith and for the purposes mentioned here in these Terms. The Data may also be transferred to, stored and processed by Yandex’s Affiliates in any manner, to the extent that such communication and use are permitted under their locally applicable laws, and the User hereby agrees to the transfer of the Data to Yandex’s Affiliates. Please note that the jurisdictions in which Yandex’s Affiliates are located might not always provide the same level of data protection as Switzerland. In the event of any such disparities, Yandex will enter into data transfer agreements with the data-receiving Yandex’s Affiliates abroad in order to ensure that Yandex’s Affiliates adhere to Swiss data protection standards. Yandex do not sell the Data to third parties. The Data may not be transferred to third parties except in the cases established by applicable law or these Terms.

4.3. Yandex and Yandex’s Affiliates collect, store and process the Data as part of the operation of the Services for the following purposes including, but not limited to:

(i) enhancing the user experience, including responding with the most relevant Links and improving the Service and other Services of Yandex and Yandex’s Affiliates;

(ii) developing new products, utilities and offerings;

(iii) protecting the rights of User’s and the rights of Yandex and Yandex’s Affiliates;

(iv) collecting, processing and performing statistical analysis and other research and analysis of information to enhance the Services, products, utilities and offerings of Yandex and Yandex’s Affiliates; and

(v) targeting advertisements.

4.4. Yandex may also display third-party advertisements in the Service (such as Facebook’s Audience Network advertisements , but without limitation to the foregoing). In such cases, third-party advertising providers and advertisers may receive the Data and use it in accordance with the privacy policies of third-party advertising providers.

4.5. The User hereby acknowledges and agrees that Yandex and Yandex’s Affiliates may use cookies (if the User accesses the Service via the website), beacons (pixel tags) and similar technologies to enable interaction with the Service and to collect the Data, and to associate the Data with User’s device.

4.6. Cookies are small files placed on the User’s device to identify the User’s hardware and software including the browser, recognize the User’s preferences, and record the User’s operations within the Services including webpages visited by the User, content the User retrieves and the advertising displayed for the User and followed by the User. The User may set the preferences for their browser or device to accept or decline cookies. If the User blocks cookies for his browser or device, the Service might not function properly. The User is entitled to, and has the ability to delete cookies previously accepted by the browser by using the related options in the browser preferences section to manage cookies.

4.7. Yandex and Yandex’s Affiliates may also use web beacons (pixel tags) in order to access the cookies previously placed on the User’s device. The User hereby acknowledges and agrees that Yandex and Yandex’s Affiliates are entitled to use web beacons for the following purposes, including, without limitation: (i) determining the User’s visits and actions on the Service and in the course of using the services, Yandex’s websites and those of Yandex’s Affiliates by accessing and interacting with cookies stored on the User’s device; (ii) collecting statistical information related to operating the Service, and the services, products, utilities and offerings by Yandex and/or Yandex’s Affiliates.

5. Modification and Termination of These Terms

5.1. These Terms may be modified by Yandex at any time. Any new version of the Terms will be placed online on the webpage specified herein. The version of the Terms currently in effect is always located at https://yandex.com/legal/zen_termsofuse/. By continued use of the Service, User will be deemed to have agreed to the new version of the Terms. If the User does not agree, the User must cease using the Service.

5.2. Yandex may terminate these Terms if the User breaches these Terms or if Yandex terminates the User’s access to the Service under Section 3.2 of these Terms.

5.3. The User may stop using the Service at any time. If the User stops using the Service, Yandex may continue to process the Data of the User in accordance with Section 4 of these Terms.

6. Disclaimer of Warranties

6.1. THE USER HEREBY UNDERSTANDS AND AGREES THAT THE USE OF THE SERVICE AND THE LINKS IS AT THE USER’S OWN RISK, AND THAT THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

6.2. THE USER AGREES TO USE THE SERVICE AND THE LINKS AT HIS OR HER OWN DISCRETION AND RISK, AND SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER, MOBILE DEVICE OR ANY OTHER DEVICE, OR ANY LOSS OF DATA CAUSED BY SUCH USE.

6.3. TO THE MAXIMUM EXTENT ALLOWED UNDER 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 SERVICES AND THE LINKS, OR THE THIRD-PARTY CONTENT POSTED ON WEBSITES INDICATED IN SUCH LINKS.

7. Indemnification

7.1. The User shall, at his or her own effort and expense, defend, indemnify and hold harmless Yandex, Yandex’s Affiliates, their respective employees and contractors against any and all claims, suits and/or complaints by third parties raised against Yandex due to the User’s actions during the course of using the Service, and compensate for any damages and losses (including but not limited to reasonable attorneys’ fees) caused by such claims, suits and/or complaints.

8. Limitation of Liability

8.1. THE USER HEREBY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YANDEX, YANDEX’S AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES AND CONTRACTORS SHALL NOT BE LIABLE TO THE USER (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY) FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES THAT THE USER MAY SUFFER RELATED TO THE USE OF THE SERVICE, OR THE LINKS AND THE THIRD-PARTY CONTENT RELATED THERETO, INCLUDING LOSS OF DATA, REGARDLESS OF WHETHER YANDEX, YANDEX AFFILIATES, THEIR RESPECTIVE EMPLOYEES AND CONTRACTORS OR THEIR REPRESENTATIVES WERE ADVISED OF, OR COULD HAVE FORESEEN SUCH DAMAGES.

8.2. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE TOTAL LIABILITY OF YANDEX, YANDEX’S AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES AND CONTRACTORS TO THE USER, IN RELATION TO THE SERVICE OR THE LINKS, SHALL NOT EXCEED CHF 10.

9. Governing Law and Dispute Resolution

9.1. These Terms (including any issues regarding their validity, performance or termination) shall be governed by, and construed in accordance with the substantive laws of Switzerland, without regard to its conflicts of law provisions. Any dispute arising out of or in connection with these Terms shall be considered and ultimately resolved by the competent courts of jurisdiction in the canton of Lucern, Switzerland. Notwithstanding the foregoing, nothing in these Terms shall be construed as preventing Yandex from seeking any measures of injunctive relief (or other analogous measures) from a competent court in any jurisdiction.

10. Other Provisions

10.1. These Terms are the full legally binding agreement between the User, on the one hand, and Yandex, 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.

10.2. If any court of law, having 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.

10.3. These Terms are drafted and shall be construed in the English language. In the event of any discrepancy between the English version of these Terms and a translation, the English version shall prevail.

10.4. Yandex may transfer and assign any of its rights and obligations under these Terms, as well as assign 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, nor grant access to its user account, or delegate them to third parties without Yandex’s consent.

[1] Yandex’s Affiliates are legal entities listed in Exhibit 8.1 to the Yandex N.V. Annual Report for Foreign Private Issuers, prepared in accordance with the requirements of the NASDAQ communications system, as well as all legal entities: 1) which directly or indirectly hold more than 50% of shares of Yandex; 2) where more than 50% of shares in the authorized capital are held, directly or indirectly, by Yandex; 3) where more than 50% of shares in the authorized capital or stock are held, directly or indirectly, by an entity which directly or indirectly holds more than 50% of shares of Yandex; or 4) which are entitled to make management decisions with respect to Yandex, or with respect to which Yandex is entitled to make management decisions. The report is available at http://ir.yandex.com/sec.cfm.

 

Date of publication: 08.07.2016

Previous version of the document: https://yandex.com/legal/zen_termsofuse/28042016/