1. General Provisions
1.1. YANDEX LLC (hereinafter referred to as Yandex) offers an Internet user (hereinafter referred to as the User) to use its Yandex.Disk service available at: http://disk.yandex.ru (hereinafter referred to as the Service).
1.3. To use the Service via PC, the User may use the Yandex.Disk computer program; to use the Service via mobile devices, the User may use the Yandex.Disk program for mobile devices (hereinafter jointly referred to as the Programs). Use of the Programs shall be governed by license agreements available at all time at https://yandex.ru/legal/desktop_software_agreement and https://yandex.ru/legal/disk_mobile_agreement, respectively.
1.4. By starting to use the Service/its individual functions, the User shall be understood to have accepted these Terms as well as the terms and conditions of all the documents referred to in these Terms above, to the full extent and without reservations and exceptions. If the User does not accept any of the terms and conditions of the abovementioned documents, the User may not use the Service.
1.5. These Terms may be amended by Yandex without any special notice; a revised version of the Terms shall take effect from the moment of its publication on the Internet at the address given below in this clause, unless otherwise specified in such revised version of the Terms. The effective version of the Terms shall be available at all time at https://yandex.by/legal/disk_termsofuse
1.6. If the User does not accept any of the amendments made by Yandex to these Terms in the manner set forth in 1.5 above, the User shall stop using the Service.
2. Use of the Service
2.1. Yandex enables the User to use the Service for placing files (hereinafter referred to as files or data) in the disk space of Yandex servers with the aim to store files in such space, to synchronize files with the User’s devices, to view, change, delete files and control access to files by third parties, to enjoy access, by decision of other Users, to data placed by such other Users, as well as in any other manner not contradicting the provisions of these Terms and the documents referred to in these Terms and the law applicable to the User, specifically, the international law. Such rights shall be inalienable and non-transferrable to third parties. The User shall enjoy the above options by using the Programs or by using the Service Web interface.
2.2. The Program shall be used by using an account created by Yandex. The User is aware and agrees that his login (account name) and data in the First Name and Last Name fields specified during the login registration may be displayed and accessible to third parties when the User grants or is granted rights of shared access to data as well as when the User invites or is invited by third parties.
3. Free and Paid Features of the Service
3.1. Standard features of the Service shall be used by the User for no compensation. Extended features of the Service may be used provided that the User pays a fee according to the rules of these Terms.
3.2. If the User who has earlier used the extended features of the Service decides not to pay the fee for the next period of their use, from the beginning of such period, the Service shall be used by the User in the read-only mode allowing using the options listed in Clause 2.1 above, except for placing new data, until the use of the paid features of the Service is resumed with an appropriate size of the disk space, or until the volume of placed data is reduced to the size allowed for free use of the Service.
3.3. Information about fee amounts, fee payment methods and periods of using the extended features of the Service shall be available at http://disk.yandex.ru/pay. These data shall form a part of these Terms and shall be subject to the rules set out in Clause 1.5 above.
3.4. The fee shall be paid by the User on an advance basis. The Service shall be deemed as provided to the User with all its functions to the full extent from the moment the User is granted access to the disk space on Yandex server. No other moment shall be deemed as the moment of the fulfillment by Yandex of the assumed obligations.
3.5. Yandex reserves the right to grant the User access to the disk space before the fee is received, in which case Yandex shall be deemed to have fulfilled its obligations at the moment the User is granted access to the disk space on Yandex server.
3.6. Use of the Service shall be only possible given the availability of the Internet access. The User shall obtain and pay at his discretion for such access on the terms and according to the rules of the User’s service or Internet access provider.
3.7. According to the general rule, the User’s identification shall be made based on the User’s account. Yandex has the right to use other data for the User’s identification, including data on the person who has paid the fee, provided that such identification does not entail infringement of rights of the parties or rights of third parties or of the effective legislation.
4. Restrictions to the Use of the Service
4.1. The User shall determine at his discretion the manner in which to use the Service and shall be responsible for its use. The User shall be responsible for the compliance of the content of any file placed by the User with the requirements of the effective legislation, specifically, the rules of the international law, including liability to third parties in cases when placement of a file by the User infringes rights and legal interests of third parties.
4.2. When using the Service, the User shall refrain from placing such data and performing such actions as may be prohibited to be placed and performed in accordance with the Yandex Service User Agreement.
4.3. Yandex has the right to block access to files placed by the User, or to delete such files, and to transfer the User’s data obtained in connection with the provision of the Service to third parties in the following cases:
4.3.1. If Yandex is obligated to do so by virtue of a regulatory act
4.3.2. If Yandex receives from a third party a complaint, claim, inquiry, demand or any other notice stating that placement of a file has infringed the third party’s rights or the effective legislation
4.3.3. If placement of a file threatens the normal performance of the Service
4.3.4. If Yandex receives a judicial act or an act issued by a law enforcement body, which obligates Yandex to do so
4.4. Yandex reserves the right to limit the User’s access to the Service (or to individual functions of the Service if technically possible) by using the User’s account or to fully block the User’s account in case of repeated breach of these Terms or the documents referred to in these Terms.
4.5. Yandex reserves the right to set any rules, limits and restrictions (technical, legal, organizational or other) to the use of the Service as well as to change them at its discretion without any prior notice to the User. In cases when allowed by the legislation, such rules, limits and restrictions may differ for different User categories.
4.6. The User may not transfer, for compensation or for no compensation, his rights and/or obligations to third parties.
5. Distribution of data. Granting shared and public access to files.
5.1. The Service enables the User to distribute data by granting shared access (i.e. file access shared by several users of the Service) or public access to a file (i.e. file access granted to all users of the Internet knowing the file’s address which is a link).
5.2. When using the Service’s functions specified in 5.1. hereof, the User shall act in good faith and refrain from any misuse of the said functions. In addition, the User shall refrain from arranging any mass file-sharing through the Service’s functions. Yandex may apply regulations, limits and restrictions so as to prevent, restrict or terminate any mass file-sharing as prescribed by 4.5. hereof.
6.1. Yandex shall take all reasonable measures and perform all practicable actions to ensure the integrity of the User’s data and maintain performance of the Service. The User is aware that there may be technical faults and failures in the operation of the Service and agrees that for Yandex it is technically impossible to predict such faults and failures, to notify the User of them in advance or to fully exclude them. Regardless of the reasons and consequences, the occurrence of such faults or failures may not be the basis for subjecting Yandex to any sanctions.
6.2. Yandex is under no obligation to moderate, view, edit or control the files placed by the Users through the Service and provides no warranty that the files placed by the User through the Service do not breach provisions of these Terms, legal acts and other documents. The User acknowledges and agrees that Yandex is under no obligation to view any data placed and/or distributed via the Service. The User is aware and agrees that the User shall assess at his discretion all the risks associated with the use of the data placed in the Service including evaluation of reliability, completeness, safety, legality or utility of such data.
6.3. Any data obtained with the use of the Service shall be used by the User at his own risk, and the User shall be liable at his discretion for possible consequences of the use of such data, including for damage that may be caused to the User’s PC or mobile device or to third parties, for loss of data, infringement of rights or any other damage. Yandex bears no liability for any type of damages resulting from the use or unavailability of the Service or its individual parts/functions, including due to possible errors or failures in its operation, except in cases expressly stipulated by the legislation.
6.4. Irrespective of the User’s location or the location of the User’s equipment, any and all relations in connection with the use of the Service shall be governed by the law of the Russian Federation and any and all claims or lawsuits arising out of the use of the Service shall be submitted and considered at a court at the location of Yandex.
6.5. Yandex may furnish the User with a translation of these Terms from Russian into other languages, but in case of conflict between the Russian version of the Terms and its translation, the Russian version shall have legal effect.
6.6. Any and all questions, requests and claims related to the use/unavailability of the Service, as well as potential infringement of the legislation and/or third party rights, shall be forwarded via the feedback form available at http://feedback.yandex.ru/disk