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 legal capacity to accept these Terms and are of sufficient age, as may be required in accordance with the laws of the country of their citizenship or residence, to use the Service.
3.2. Yandex may 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 actions pertaining to the User to uphold legal requirements, third party rights and legitimate interests.
3.3. The Links lead to webpages or websites created by third parties. Yandex shall not be responsible for the quality or content of such pages. Indexation is performed automatically using certain algorithms that do not imply any prior or subsequent evaluation of website content (moderation) regarding its compliance with legal, ethical or moral requirements, as well as any censorship. Yandex is not responsible for the availability of, or absence of the content or quality of any offers of 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. The User shall use the Service solely for its immediate purpose, including those purposes stated in these Terms.
3.5. The User shall not take any action that may lead to an error in the Service.
3.6. The User shall be solely responsible for complying with any applicable laws in using the Service, including the laws of Switzerland, and the laws of the User’s place of residence or the place where the User takes any legally relevant action under these Terms. If the use of any of the Service’s features leads to a breach under any applicable law, the User shall cease using the Service.
3.7. Yandex may provide the Service under the name of “Yandex Zen” or any other name. Notwithstanding the name under which the Service is offered, the User shall not modify or remove the name of the Service, copyright or other intellectual property rights notices, or any other designations of Yandex and/or its partners.
3.8. 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. Yandex hereby 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.
3.9. The User hereby understands and agrees that all copyrights, patent, trademark, know-how and other intellectual property rights related to the Service are owned by Yandex and/or other right holders.
3.10. All 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 shall be submitted via the address firstname.lastname@example.org.
4. User data
4.1. The User hereby acknowledges and agrees that in the course of using the Service, the following information about the User shall automatically and anonymously be transferred to Yandex: type of the operating system of the User’s device, statistics on the use of certain of the Service’s functions, the Internet Protocol (IP) address, the User’s geolocation data, data on the WI-FI networks available to the User, cookie information, information needed to display the Links and to display advertising materials (including the browsing history) and any other technical information (“Data”).
4.2. The Data shall be collected, stored and processed by Yandex in compliance with these Terms. The Data may also be stored and processed by Yandex’s affiliates in any manner, insofar as such communication and use are permitted by the applicable laws, and the User hereby agrees to the transfer of his or her personal information to Yandex’s affiliates.
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 its affiliates;
(ii) developing new products, utilities and offerings;
(iii) protecting your rights and the rights of Yandex and Yandex’s affiliates; and
(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 its affiliates.
4.5. 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 web pages visited by the User, content the User retrieves and the advertising displayed for the User and followed by the User. The User may set up the browser preferences for the device to accept or decline cookies. The User is entitled to, and has the ability to delete cookies previously accepted by the browser by using the relevant options in the browser preferences section to manage cookies.
4.6. Yandex and its 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 its 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 its 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 its affiliates.
5. Modification and Termination of These Terms
5.1. These Terms may be modified by Yandex unilaterally without any notice. A new version of the Terms shall become effective at the time it is placed online on the webpage specified herein, unless otherwise provided by the new version of the Terms. The version of the Terms currently in effect shall always be located at https://yandex.com/legal/zen_termsofuse. In the event Yandex makes any changes to these Terms as provided for in this Section to which the User does not agree, the User must cease using the Service.
5.2. These Terms may be terminated:
5.2.1. by the User — if the User ceases using the Service;
5.2.2. by Yandex — if the User breaches these Terms or any documents mentioned in Section 1.1 of these Terms, or if Yandex terminates the User’s access to the Service under Section 2.1 of these Terms.
6. Disclaimer of Warranties
6.1. THE USER HEREBY UNDERSTANDS AND AGREES THAT 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 DUE TO SUCH USE.
6.3. TO THE MAXIMUM EXTENT ALLOWED BY 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 SERVICE AND THE LINKS.
7. Limitation of Liability
7.1. THE USER HEREBY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YANDEX, ITS AFFILIATES, THEIR RESPECTIVE EMPLOYEES AND CONTRACTORS SHALL NOT BE LIABLE TO THE USER (WHETHER UNDER CONTRACT, TORT OR ANY OTHER LEGAL THEORY) FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT THE USER MAY SUFFER RELATED TO THE USE OF THE SERVICE OR THE LINKS INCLUDING LOSS OF DATA, REGARDLESS OF WHETHER YANDEX, ITS AFFILIATES, THEIR RESPECTIVE EMPLOYEES AND CONTRACTORS OR THEIR REPRESENTATIVES WERE ADVISED OF, OR COULD HAVE FORESEEN SUCH DAMAGES.
7.2. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE TOTAL LIABILITY OF YANDEX, ITS AFFILIATES, THEIR RESPECTIVE EMPLOYEES AND CONTRACTORS TO THE USER IN RELATION TO THE SERVICE OR THE LINKS SHALL NOT EXCEED THE SUMS ACTUALLY PAID BY THE USER TO YANDEX FOR THE USE OF THE SERVICE.
8.1. The User shall, at his or her own effort and expense, defend, indemnify and hold harmless Yandex, its affiliates, their respective employees and contractors against any and all claims, suits and/or complaints by third parties related 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.
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 laws of Switzerland, without regard to its conflicts of laws provisions. Any dispute arising out of or in connection with these Terms shall be considered and ultimately resolved by the competent courts of the canton of Lucern, Switzerland. Notwithstanding the foregoing, nothing in these Terms shall be construed as preventing Yandex from seeking any injunctive relief (or other analogous measures) from a competent court in any jurisdiction.
10. Other Provisions
10.1. These Terms, as well as the documents mentioned in Section 1.1 of these Terms, are the full legally binding agreement between the User, on the one hand, and Yandex and its affiliates, 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 delegate 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, or delegate them to third parties without Yandex’s consent.
Date of publication: 28.04.2016