Effective Date: December 18, 2014
Current version available at https://yandex.by/legal/books_termsofuse/
Yandex Europe AG (“Yandex”), a company organized and existing under the laws of Switzerland, with its registered address at Werftestrasse 4, 6005 Lucerne, Switzerland, hereby offers the Internet user (“User”) to use the Yandex.Books service (“Service”) to view, search and download electronic books (“Content”), including on the terms determined by third parties who make the Content available to Yandex to be made available to the Users via the Service on their behalf.
1. General Provisions
1.1. The Service is provided by Yandex. Use of the Service by the User is governed by these Terms, which are a legally binding agreement between Yandex and the User.
1.3. Except as otherwise provided by Section 1.6 of these Terms, Yandex makes the Content available to the User, enters into agreements with the User in relation to the Content, and conducts all other dealings with the Content acting as a selling agent of, and on behalf of, the following sellers (each, a “Seller”, and collectively “Sellers”):
1.3.1. LitRes Global S.A., a company incorporated in the British Virgin Islands whose registered office is at Vanterpool Plaza, 2nd Floor, Wickhams Cay I, Road Town, Tortola, British Virgin Islands (“LitRes”).
1.4. Except as otherwise provided by Section 1.6 of these Terms, for each item of Content made available to the User, Yandex indicates the Seller that sells and provides such Content to the User via the following references:
1.4.1. “LitRes”, “ЛитРес”, or any trademark or logo containing the same designations means LitRes.
1.5. Except as otherwise provided by Section 1.6 of these Terms, Yandex enters into agreements in relation to the Content with the User on behalf of the Sellers and on terms and conditions set forth and provided to Yandex by each of the Sellers (each such set of terms and conditions, “Seller Terms and Conditions”). The Seller Terms and Conditions are developed exclusively by the Seller, and Yandex has no control over such Seller Terms and Conditions. The Seller Terms and Conditions govern all relations between the User and the respective Seller with regard to, as applicable, the sale or provision of, or grant of license or access to, the Content. The Seller Terms and Conditions of different Sellers may vary significantly, and the User is responsible for reviewing the Seller Terms and Conditions of each Seller the User purchases Content from. The Seller Terms and Conditions for each Seller are as follows:
1.5.1. LitRes — https://yandex.by/legal/books_termsofuse/litres/.
1.6. Yandex may make some Content that is in the public domain (“Public Domain Content”) available to the User on Yandex’s own behalf. In such an event, Yandex will reference itself as the seller (or, if such Content is made available for free, as the provider) of such Content, and no Seller Terms and Conditions will be applicable to such Public Domain Content.
1.7. By beginning to use the Service or any of its separate functions, the User is considered to have accepted these Terms as well as the terms and conditions of all the documents mentioned in Section 1.2 of these Terms in full, without any reservations or omissions. By purchasing an item of Content from any of the Sellers (as indicated by Yandex in the manner described in Section 1.4 of these Terms), the User enters into a legally binding agreement with the respective Seller on the Seller Terms and Conditions of such Seller, which are deemed incorporated in these Terms by reference included in Section 1.5 of these Terms. If the User does not agree with any of the provisions of the mentioned documents (collectively, the “Governing Documents”), the User may not use the Service.
2. Use of the Service and Its Certain Functions
2.1. The User may use the Service either via the User Account or without the use of the User Account. Yandex reserves the right, at its sole discretion, to limit the User’s access to the Service (or to its certain functions, if technically possible), or to have Yandex Russia fully deactivate the User Account in case of repeated breach of these Terms and/or the terms and conditions of other Governing Documents by the User, or to take other measures in relation to the User to ensure compliance with applicable law or protection of third party rights and interests.
2.2. The Service is available to Users in legal capacity and in the age of at least 14 years. Users in the age of 14 to 18 years may use the Service if the actions comprising such use are taken by the User’s parent or legal representative who has authority to act on the User’s behalf, or with their consent.
2.3. Yandex may (but is in no event obligated to), on its own or at the direction of the Sellers, classify, filter, moderate and/or rate any Content, as well as to remove any Content from the Service. Notwithstanding the foregoing, the User hereby understands and agrees that Yandex shall not be liable for the contents of the Content or the information available through it, and the User reviews such contents and/or information at his or her own risk.
2.4. In the event Yandex, on its own or at the direction of a Seller, removes Content from the Service, including but not limited to due to such Content breaching any requirements set forth by Yandex or any applicable law, the copy of such Content may be removed from the User’s device or the access to such copy may be limited.
2.5. In using functions of the Service that allow the User to place materials in the sections of the Service available to third parties (including but not limited to Content reviews), the User must comply with any law applicable to such placement and not to violate the rights of Yandex and/or third parties. By placing any such materials, the User represents and warrants that he or she has all the necessary rights and permissions to place such materials on the Service. The User grants Yandex a royalty-free, non-exclusive, perpetual, worldwide license to use any material placed by such User as part of the Service. Yandex may (but is in no event obligated to) control the placement of any such User’s material on the Service, including but not limited to reject, remove or modify any such material.
2.6. The User shall use the Service solely for its immediate purpose, including for the purposes stated in these Terms.
2.7. The User shall not take any action that may lead to an error in the Service, including in search for or distribution of any Content.
2.8. The User shall be solely responsible for compliance with any applicable law in using the Service, including the laws of Switzerland as well as 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 of any applicable law, the User shall cease using the Service.
2.9. The Service must be used (including, if applicable, distributed) under the name of “Yandex.Books”. The User shall not modify or remove the name of the Service, copyright or other intellectual property rights notices, as well as any other designations of Yandex, the Sellers and/or Yandex’s partners.
3. Intellectual Property Rights
3.1. The User understands and agrees that all copyrights, patent, trademark, know-how and other intellectual property rights (“Intellectual Property Rights”) in the Service and any and all of its features are owned by Yandex and/or other right holders. Except as expressly allowed by these Terms or applicable law, the User shall not (i) modify, decompile, disassemble, decrypt the code of the Service, or perform other activities with the Service for the purpose of obtaining information on how algorithms in the Service are implemented, create derivative products of the Service; (ii) reproduce, distribute, communicate, make the Service available for the general public or otherwise use the Service for commercial purposes; or (iii) otherwise use, or allow other persons to use, the Service or any of its components in a manner not allowed by these Terms without Yandex’s written consent.
3.2. The User hereby understands and agrees that all Intellectual Property Rights in relation to the Content are owned by Sellers and/or other right holders. The User’s rights in relation to the Content are governed by the Seller Terms and Conditions. The User must review such Seller Terms and Conditions and accept them before beginning to use any Content.
3.3. Notwithstanding the provisions of Section 3.2 of these Terms, the User’s rights in relation to the Public Domain Content are governed by applicable law and, to the extent not in violation of such applicable law, by these Terms.
4. Terms of Sale
4.1. Yandex makes the Content (except for some Public Domain Content that is made available for no charge) available to the User for a price determined by the respective Seller. To gain access to such Content, the User must purchase it by paying the respective price and taking other actions as prompted by the Service and/or required by these Terms and the applicable Seller Terms and Conditions.
4.2. Any purchase of Content in the Service is a separate online transaction between the User and the Seller, with Yandex acting as selling agent on behalf of the Seller. Such transaction is governed by the Seller Terms and Conditions, provided, however, that, as Yandex processes the order and payment made by the User in the course of such transaction, these Terms apply in respect of such processing activities instead of or in addition to the respective provisions of the Seller Terms and Conditions. The consent to purchase the Content, which the User provides in electronic form, constitutes the User’s acceptance of, and intention to be bound by, such transaction and all corresponding obligations of these Terms and the applicable Seller Terms and Conditions, including the obligation to make the respective payment. Such acceptance shall apply to all the User’s actions in respect of any transaction effected by the User through the Service.
4.3. In order to purchase the Content, the User must provide to Yandex, by means of the Service, such payment details that are sufficient to effect the payment for such Content, depending on the payment method chosen by the User from among the payment methods offered by Yandex for the Service. The User may provide such payment details either in the User Account or at the time of purchase. If the User chooses to provide the payment details for a particular payment method in the User Account, and then chooses to use such payment method to pay for a purchase of Content in the Service, Yandex may charge the User automatically using the previously provided payment details, to which the User hereby agrees.
4.4. The User shall make the payment for the purchased Content on a pre-paid basis via bank transfer through payment methods which Yandex offers for the Service at the time of the purchase. Yandex may change the payment methods it offers for the Service at any time and without notice. The User understands and agrees that the payment methods offered for the Service may contain additional requirements and procedures stipulated by third parties (including payment processors and operators). The User must independently review and agree to such requirements prior to using any payment method.
4.5. The price of the Content is determined solely by the Seller of such Content. Yandex has no control over the price of the Content whatsoever. The Seller may change, or instruct Yandex to change, the price of any Content made available by such Seller at any time until the completion of the purchase and without notice to the User. In the event the price of any Content is reduced after the completion of the purchase, the User shall not be entitled to any reimbursement of the difference in price paid by the User and the reduced price.
4.6. The User shall be solely responsible for payment of any taxes, duties, charges and other mandatory payments related to any purchase of Content set forth by the applicable law of the country of the User’s residence.
4.7. Yandex may provide the purchased Content to the User by any reasonable means (including but not limited to by providing a download link to the User or by placing a copy of the purchased Content in the Yandex.Disk cloud storage space made available to the User by Yandex Russia under the User Account). Yandex may provide the purchased Content to the User before or after receipt of payment for such Content from the User in cleared funds; provided, however, that, regardless of such receipt of payment, Yandex and the respective Seller shall be considered to have fully performed their obligations to provide the purchased Content at the time when the User is first granted access to such Content by means chosen by Yandex for the Service.
4.8. All sales of the Content are final, and no chargebacks or refunds for the purchased Content are made. Nothing in this Section shall be considered to exclude or limit the remedies that are available to the User and cannot be excluded or limited under applicable law; provided, however, that this Section shall always be construed to limit such remedies to the maximum extent allowed by applicable law.
5. Personal Information
5.2. The User hereby acknowledges and agrees that during the use of the Service by the User, the following User information may be automatically transferred to Yandex: type and model of the User’s device, the User’s operating system, the list of Content previewed, purchased and/or downloaded by the User, Service usage statistics, mobile phone number, SIM-card serial number, geolocation information (if allowed by the User), search queries (if allowed by the User), as well as other technical information.
5.3. To effect any purchase or download of Content in the Service, the User must provide a valid e-mail address to Yandex. If the User uses the Service via the User Account, such e-mail address will be the e-mail address associated with such User Account. If the User uses the Service without the User Account, the User will be required to provide a valid e-mail address before effecting the purchase or download. Yandex may store and process any such e-mail address and transfer it to any Seller for the purposes of (i) reporting the purchase to the Seller; and/or (ii) the Seller notifying the User of the purchase made via the Service; and/or (iii) the Seller tracking the history of purchases made by the User with such e-mail address via the Service and mirroring such purchases for the User’s account on the Seller’s own website or service created with the same e-mail address, whether before or after the purchase; and/or (iv) the Seller sending promotional materials or other information about the Seller’s own website or service to the User until the User unsubscribes from such e-mails.
6. Modification and Termination of These Terms
6.1. These Terms may be modified by Yandex unilaterally without any notice. The 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 is always located at https://yandex.by/legal/books_termsofuse/. In case Yandex makes any changes to these Terms as provided in this Section to which the User does not agree, the User must cease using the Service.
6.2. These Terms may be terminated:
6.2.1. by the User — if the User ceases using the Service and any Content;
6.2.2. by Yandex — if the User breaches these Terms or any Governing Documents, as well as if Yandex terminates the User’s access to the Service under Section 2.1 of these Terms.
7. Disclaimer of Warranties
7.1. THE USER HEREBY UNDERSTANDS AND AGREES THAT USE OF THE SERVICE AND ANY CONTENT IS AT THE USER’S OWN RISK, AND THAT THE SERVICE AND THE MOBILE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
7.2. THE USER AGREES TO USE THE SERVICE, THE MOBILE APPLICATION AND ANY CONTENT AT HIS OR HER OWN DISCRETION AND RISK, AND SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER, MOBILE OR OTHER DEVICE OR ANY LOSS OF DATA DUE TO SUCH USE.
7.3. 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, THE MOBILE APPLICATION AND ANY CONTENT.
8. Limitation of Liability
8.1. 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 BEFORE THE USER (WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY) FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT THE USER MAY SUFFER IN RELATION TO THE USE OF THE SERVICE, THE MOBILE APPLICATION OR ANY CONTENT, INCLUDING LOSS OF DATA, WHETHER OR NOT YANDEX, ITS 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, TOTAL LIABILITY OF YANDEX, ITS AFFILIATES, THEIR RESPECTIVE EMPLOYEES AND CONTRACTORS BEFORE THE USER IN RELATION TO THE SERVICE OR ANY CONTENT SHALL NOT EXCEED THE SUMS ACTUALLY PAID BY THE USER TO YANDEX IN RELATION TO THE USE OF THE SERVICE.
9.1. The User shall, at the User’s 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 of third parties related to the User’s actions in using the Service, as well as compensate any damages and losses (including but not limited to reasonable attorneys’ fees) caused by such claims, suits and/or complaints.
10. Governing Law and Dispute Resolution
10.1. These Terms (including any issues of their validity, performance or termination) shall be governed by and construed in accordance with the laws of Switzerland, without regard of its conflicts of laws provisions. Any dispute arising out of or in connection with these Terms shall be considered and finally resolved by the competent courts of the canton of Lucerne, 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.
11. Other Provisions
11.1. These Terms, as well as other applicable Governing Documents, 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.
11.2. If any court of law having the 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.
11.3. These Terms are drafted and shall be construed in the English language. In case of any discrepancy between the English version of these Terms and a translation, the English version shall prevail.
11.4. Yandex may transfer and assign any of its rights and obligations under these Terms or other Governing Documents, as well as delegate them to third parties, at any time without notice and without the User’s consent. The User may not transfer or assign any of its rights and obligations under these Terms or other Governing Documents, as well as delegate them to third parties without Yandex’s consent.