Terms of Use of Yandex.Disk Service

1. General Provisions

1.1. Air Smart Advertising Solutions FZ-LLC (hereinafter referred to as the “Company") invites an Internet user outside the UAE (hereinafter referred to as the “User”) to use Yandex.Disk available at: http://disk.yandex.com (hereinafter the “Service”).

1.2. The current version of the Terms is always available at: https://yandex.com/legal/disk_termsofuse.

1.3. These Terms shall constitute a User Agreement and define how to use the Service.

In any matters not covered herein, the relations between the Company and the User with regard to the Service shall be governed by the User Agreement for Yandex Services (https://yandex.com/legal/rules), and the Privacy Policy (https://yandex.com/legal/confidential) (hereinafter referred to as the Regulatory Documents).

1.4. When starting to use the Service, the User undertakes to read these Terms, as well as to review the Regulatory Documents, and independently bears the risk of not reviewing it.

Starting to use the Service (or its certain functions), the User is considered to have accepted these Terms, as well as the terms of the Regulatory Documents in full, without any reservations or exceptions.

If the User disagrees with any of the provisions of the said documents, the User is not entitled to use the Service.

1.5. These Terms and the Regulatory Documents may be amended by the Company without any special notice, and the new versions of these Terms and the Regulatory Documents shall come into force from the moment they are posted on the Internet at the addresses specified in this clause and in clause 1.3. of the Terms.

By continuing to use the Service after amendments to the Terms or the Regulatory Documents, the User shall be deemed to have accepted the new versions thereof.

1.6. By using the Service, the User agrees to receive information messages. The user may opt out of receiving messages by using the Service functionality or by following the instructions in the email.

2. Use of the Service. Certain options of the Service

2.1. The Service offers the User functionality for uploading files (hereinafter referred to as files or data) to Yandex.Disk storage with the aim to store files in such storage, to synchronize files with the User’s devices, to view, change, delete files and control access to files by third parties, to access data placed by other Users, as well as in any other manner not contradicting the provisions of these Terms and the Regulatory Documents and applicable law applicable.

2.2. Special functionality which enable image editing with processing application provided by Aviary, Inc. may be offered to the User via the Service. The User understands and agrees that whenever the above functionality is used, the image in process and the data relating thereto may be transmitted to the hardware that belongs to Aviary, Inc. for the period of editing.

2.3. The Service shall be used by the Users logged in via account created according to the procedure described at section 2 of the User Agreement for Yandex Services (https://yandex.com/legal/rules).

2.4. Special functionality that allows editing documents using the program provided by Noviye Kommunikatsionniye Tekhnologii, JSC on the terms posted at: https://r7-office.ru/doc/terms_of_service (hereinafter referred to as R7 Office Service) may be accessed via the Service.

2.5. Within the Service features, the User has a possibility 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 who know the file’s link).

The User shall act in good faith and refrain from any misuse of such functionality. 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.

2.6. By using the Program, the User agrees that Company’s technical support staff may have access to the attributes of files (name, type, size, etc.) stored by the User on the disk space of Company’s servers for the purposes of processing user requests and providing technical support, while Company’s technical support staff does not have access to the content of the files.

2.7. The Service includes a functionality that allows compiling automatic selections of photos uploaded by the User and stored in the User's disk space (hereinafter referred to as Albums). Albums are formed automatically by processing photos with a special algorithm that does not imply access or viewing of photos by third parties.

2.8. The Service can provide the User with the functionality that allows creating scanned copies of images obtained from the User's device camera using Yandex Disk mobile application (https://yandex.com/legal/disk_mobile_agreement) and/or Yandex Mail mobile application (https://yandex.ru/legal/mail_mobile_agreement/?lang=en), and saving them on such device and/or on the User's disk space (hereinafter referred to as the Scanner). The Scanner is provided using the Yandex Smart Camera function on the terms specified in the License Agreement for the use of the Yandex program for Mobile Devices (https://yandex.com/legal/search_mobile_agreement).

The User is solely responsible for ensuring that the content of scanned copies of images obtained using the Scanner function complies with applicable laws, international law, including liability to third parties.

2.9. The Service may be used within the service Yandex 360 for Business (“Mail for Business”) on the terms and conditions of the user agreement published at https://yandex.com/legal/domain_termsofuse.

2.10. The User may use the functionality provided by the Wfolio service (https://wfolio.ru, Perspektiva LLC, OGRN 1147847022564) through the Service on the terms and conditions of the user agreement (https://wfolio.ru/terms).

2.11. By using the Service, the User agrees that Yandex technical support staff may have access to the attributes of files (name, type, size, etc.) stored by the User on the disk space of Yandex servers for the purposes of processing user requests and providing technical support, while Yandex technical support staff does not have access to the content of the files.

2.12. The User may have access to a feature that allows them to create a short video, called "Memories," from photographs stored in their disk space and musical fragments provided by Yandex, using the Yandex Disk mobile application (https://yandex.com/legal/disk_mobile_agreement).

The User can choose to save the Memories to their device or share it with other Users. The User is solely responsible for ensuring that the content of the Memories complies with applicable laws and does not violate the rights of third parties. Yandex grants the User a non-exclusive right to use the Memories in any legal, non-commercial manner free of charge.

The User can opt out of Memories using the features available in the Yandex Disk mobile application.

2.13. The User acknowledges and agrees that Yandex has the right, either independently or in collaboration with partners, to research and analyze files stored on its servers. This analysis is conducted to detect signs of malicious software or code and to improve the performance of Yandex's antivirus protection system. To protect both the User's equipment and its own systems, Yandex reserves the right to delete any files from its servers if they are found to contain signs of malicious software or code.

3. Free and Paid Features of the Service

3.1. The User may use standard features of the Service free of charge. Advanced features of the Service are available subject to the terms of subscription available at: https://yandex.com/legal/promail_offer.

3.2. Subscription plans and fees, payment methods, and subscription periods may be described at https://360.yandex.com/premium-plans.

3.3. Yandex is entitled to limit the amount of disk space intended for storing photos and videos uploaded from the User's mobile device for Users who do not have a valid paid subscription. If the User exceeds the established limits, Yandex may restrict the User's access to the Service, and the files uploaded from the User's mobile device may be irrevocably deleted by Yandex in accordance with the procedure stipulated in clause 4.8.1 of the Terms. Until the files are permanently deleted by Yandex, the User has the right to restore access to them by purchasing a paid subscription.

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 uploaded 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 upload 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 uploading such data and performing such actions that may be deemed violation in accordance with the Terms, Regulatory Documents or applicable law.

4.3. The Company has a right to block access to files uploaded 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 certain cases, including:

4.3.1. If the Company is obligated to do so by virtue of a regulatory act;

4.3.2. If the Company 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 upload of a file threatens the normal performance of the Service;

4.3.4. If the Company receives a judicial act or an act issued by a law enforcement body, which obliges it to do so.

4.4. The Company has a right to delete files uploaded by the User in certain cases, including:

4.4.1. The file has been placed into "Trash" Service directory for more than 30 (thirty) calendar days.

4.5. The Company reserves the right to limit the User’s access to the Service (or to certain features 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 Regulatory Documents.

4.6. The Company 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.

4.7. The User may not transfer his rights and/or obligations hereunder to any third parties.

4.8. Yandex reserves the right to restrict the User's access to the Service, as well as to delete any or all files and data stored on the User's disk space, in the following cases:

4.8.1. if the User exceeds the restrictions and/or limits set for the corresponding type of use, as well as if the User changes the file type in order to circumvent the rules or limits provided for in the Service. Yandex reserves the right to notify the User about the upcoming blocking and deletion of files. In case of non-receipt of a response and/or adjustment of limits, Yandex is entitled to block the User after forty-five (45) days from the date of the first notification, and after one hundred and eighty (180) days from the date of blocking, permanently delete user's files and data from disk space.

4.8.2. if the User fails to take any action to use the features of the Service for two consecutive years. Yandex reserves the right to notify the User about the upcoming blocking and deletion of files. If no response is received from the User and/or the User fails to take action in the Service, Yandex is entitled to block the User after seven (7) days from the date of notice, and after ninety (90) days from the date of blocking, permanently delete user's files and data from disk space.

5. Liability

5.1. The Company shall take all reasonable measures and perform all possible 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 the Company 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 the Company to any sanctions.

The Company shall not be responsible for the operation of R7 Office Service, shall not guarantee the correctness of its operation, and shall not be responsible for damages caused by the unavailability of R7 Office Service or inability to use R7 Office Service. In case any issues or claims arise, the User shall contact Noviye Kommunikatsionniye Tekhnologii, JSC at the addresses specified in terms of use on the Internet page: https://r7-office.ru/doc/terms_of_service.

The Company shall not be responsible for the operation of Wfolio Service, shall not not guarantee the correctness of its operation, and shall not be liable for damages caused by inaccessibility of Wfolio Service or inability to use the Wfolio service. In case of any malfunctions or in case of any issues or claims, the User shall contact Perspektiva LLC at the addresses specified on the website: https://wfolio.ru.

5.2. The Company 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 the Company 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.

5.3. 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. The Company 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. Miscellaneous

6.1. Personal data of the User is processed for the purposes and on conditions stated in the Privacy Policy current version of which is available at https://yandex.com/legal/confidential.

6.2. Any relations pertaining to the use of the Service shall be governed by the applicable law.

6.3. Any and all questions, requests and claims related to the use/inability to use the Service, as well as any potential infringement of the laws and/or third party rights, shall be forwarded via the feedback form available at: https://yandex.com/support/abuse/troubleshooting/disk/list.html.

6.4. 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.

Yandex shall not be responsible for the operation of R7 Office Service, shall not guarantee the correctness of its operation, and shall not be responsible for damages caused by the unavailability of R7 Office Service or inability to use R7 Office Service. In case any issues or claims arise, the User shall contact Noviye Kommunikatsionniye Tekhnologii, JSC at the addresses specified in terms of use on the Internet page: https://r7-office.ru/doc/terms_of_service.

Company DETAILS

Name: Air Smart Advertising Solutions FZ-LLC

Location: DMC-BLD05-VD-G00-473, Ground Floor, DMC5,

Dubai Media City, Dubai, United Arab Emirates

Date of publication: 12.08.2024.

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