Terms of Transfer and Use of Partner Data for Presentation in the Yandex Search Engine and Other Yandex Services

This document “Terms of Transfer and Use of Partner Data for Presentation in the Yandex Search Engine and Other Yandex Services” (hereinafter referred to as the “Terms”) regulates relations regarding the uploading, display, and management of data provided by resource owners and their representatives for presentation in the Yandex Search Engine and other Yandex Services.

In accordance with the provisions of these Terms, Büyük Reklam Çözümleri Limited Şirketi (hereinafter referred to as “Yandex”) provides Partners with the opportunity to upload data through the Partner’s personal account in the Yandex Webmaster service and other services to enable the display of data in the extended results of the Yandex Search Engine and in other Yandex services (hereinafter referred to as “Placement of Partner Data”, “Functionality”).

The Placement of Partner Data is governed by these Terms, as well as:

(hereinafter collectively referred to as the “Regulatory Documents”).

Yandex may amend these Terms without any special notice. The revised Terms shall enter into force upon their publication on the Internet at the address specified in this paragraph, unless otherwise provided in the new version of the Terms. The current Terms are always available at: https://yandex.com.tr/legal/search_enrichment .

If Yandex makes changes to these Terms and if the Partner does not agree with these changes, the Partner is obliged to stop using the Functionality.

1. Terms and definitions:

1.1. Yandex search engine (hereinafter also referred to as “Yandex Search”, “Search”) — an Internet information search service provided by Yandex using computer programs, databases, technical means and Yandex equipment.

1.2. User — an individual using Yandex Search in accordance with the user agreement located at https://yandex.com.tr/legal/termsofuse.

1.3. Partner — the owner of the resource, or its authorized representative, third party or Yandex Service that interacts with Yandex for the purpose of uploading materials for presentation in Search and other Yandex Services.

1.4. Yandex Service — a service provided on the Internet by Yandex or under the “Yandex” brand, or on any level domain of yandex.com.tr.

1.5. Partner Data — information, content, data in any format, as well as other information, access to which is provided by the Partner to Yandex for the purposes of customization, visualization, technical support of display in the Yandex Search and in other Yandex Services, provided in the form of a Feed or in another way.

1.6. Partner Resources — websites on the Internet (including for mobile devices) that belong to the Partner or that the Partner has access to on any other legal grounds to the extent necessary for setting up, visualizing and providing technical support for the Functionality.

1.7. Feed — a set of Partner Data transferred by the Partner to Yandex for the purpose of Placement of Partner Data to improve presentation in Search and other Yandex Services.

2. General Terms of Placement of Partner Data

2.1. By sending a Feed or providing information in any other way, as well as performing other actions, the Partner accepts the provisions of these Terms, as well as the terms of the Regulatory Documents, in full, without any reservations or exceptions, and undertakes to comply with them. In the event of the Partner's disagreement with any of the terms of the said documents, the Partner should refrain from Placement of Partner Data.

2.2. The Placement of Partner Data is carried out in accordance with the following basic principles:

(1) the focus of all Yandex Search Engine tools and Yandex Services on maximizing satisfaction of the needs and solving the problems of Users in the best possible way;

(2) mandatory compliance by Partners with the requirements established by these Terms;

(3) implementation of ranking on the search results page of the Search Engine based on uniform algorithms, which assume that the results to Users’ queries form a single set of results with the arrangement of the results depending on the greatest relevance, usefulness and degree of correspondence to the content of the search query of a specific User.

3. Terms of Placement of Partner Data

3.1. For the purpose of Placement of Partner Data, the Partner must log in using a Yandex Services account (Yandex ID), or register a new account on the page: https://passport.yandex.com.tr .

The Partner shall independently determine the circle of persons authorized to perform actions within the Functionality and access to the management of the Partner's Data on its behalf by providing the Partner with account data to authorized persons. All actions performed within the framework of Placement of Partner Data using the Partner's account are considered to be performed by the Partner itself. The Partner shall be fully responsible for the safety and confidentiality of the account data and the actions of persons performed using the Partner's account.

3.2. Depending on the subject matter and format of the information, as well as the format and platform for Placement of Partner Data, the requirements for the Partner Data and the conditions for its placement may vary as determined for each specific thematic category or placement platform.

3.3. Yandex checks the Partner Data and Feeds received from the Partner, as well as the Partner Resources and may provide the Partner with suggestions and recommendations for structuring and improving the Partner Resources, other computer programs, systems and services for the purposes of their correct functioning and display in the Yandex Search Engine and other Yandex Services.

In the event that Yandex receives complaints or claims regarding the inaccuracy of information provided by the Partner, the harmfulness of the content (the content contains information prohibited by law or harms (threats) the life, health, interests of persons (or groups of persons); is immoral; promotes hatred and/or discrimination against people based on race, ethnicity, gender, religion, social status; contains elements of pornography, etc. (incites violence and cruelty) provided by the Partner, or non-compliance of the Partner's actions with the requirements of applicable legislation, or if Yandex discovers the said circumstances as part of control measures and there is a need for Yandex to verify the Partner's compliance with the requirements of these Terms and Regulatory Documents, Yandex has the right to request from the Partner, and the Partner is obliged to provide within 7 (seven) business days after the request is sent, such additional information as is necessary to carry out the verification.

3.4. For the purpose of Placement of Partner Data, the Partner must:

3.4.1. provide information by uploading a Feed or otherwise in accordance and compliance with the provisions of these Terms and Regulatory Documents;

3.4.2. provide, as part of the Partner Data, accurate and correct information that corresponds to the subject matter specified in the requirements;

3.4.3. ensure the accuracy, relevance, and legality of the Partner Data and the content of the Partner Resource, and not include in the Partner Data information that offends morality, demonstrates (or is propaganda) of violence and cruelty, contains obscene language, promotes hatred and/or discrimination against people on racial, ethnic, sexual, religious, or social grounds, or contains insults against any individuals, groups of individuals, or organizations;

3.4.4. not to upload, post, transmit, distribute unauthorized advertising information, marketing mailings, spam, chain letters, materials containing viruses or other malicious computer codes, files or programs, to publish multiple Partner Data of the same/similar content, or to implement fraudulent schemes;

3.4.5. not to place in the Partner Data information of third parties, including personal data, in any way that does not comply with the requirements of the law;

3.4.6. not to perform other actions aimed at violating the rights and legitimate interests of Yandex, Users, third parties, or that could lead to disruption of the normal operation of Yandex Search and Yandex Services;

3.4.7. if the functionality of the Yandex Service that hosts the Partner Data implies the possibility of transition to the Partner's service, then the page that opens to the User upon transition must not display offers unrelated to it in pop-up windows or use other methods of imposing irrelevant offers.

3.5. The Partner acknowledges and agrees that Yandex has the right, but is not obligated, to view the Partner Data and the content of the Partner Resource, and that Yandex has the right to refuse the Partner to display the Partner Data or to stop displaying the Partner Data in cases where the Partner violates the requirements of applicable law, these Terms, or there are signs indicating abuse by the Partner of the Yandex Search Engine algorithms or the algorithms of Yandex Services.

3.6. Yandex has the right to introduce new formats, modify and refuse existing formats of Placement of Partner Data at its own discretion.

4. Limitation of Liability

4.1. By participating in the Placement of Partner Data, the Partner agrees that the Functionality, Yandex Search, Yandex Services are provided “as is”.

The Partner shall independently assess the risks and independently bear full responsibility for their actions in connection with the Placement of Partner Data. Yandex does not guarantee that the Service will meet the goals and expectations of the Partner, nor does it guarantee uninterrupted and error-free operation of the Yandex Search and Yandex Services.

Yandex does not guarantee the display of Partner Data within Yandex Search and Yandex Services and does not establish the duration and conditions of such display in relation to certain search queries of Users.

4.2. The Partner Resources do not receive any advantages over any other resources, services and sources of information available to Users through the Yandex Search or Yandex Services, unless otherwise specified in the requirements (for example, the specifics of the appearance of the presentation of the Partner Data may be reflected in the technical requirements).

4.3. The Partner agrees that Yandex will not compensate for any losses, direct or indirect damages, lost profits incurred by the Partner or third parties as a result of the implementation or inability to provide the Functionality, suspension of the Functionality for any reason, or failures in the operation of Yandex Search or Yandex Services.

4.4. The Partner acknowledges that any information, services, goods, rights, or any other objects provided to the Internet user within the framework of Placement of Partner Data are considered to be provided by the Partner as the owner and/or administrator of the relevant Partner Resource or Partner Data. The Partner understands and agrees that the Partner Data must not violate the requirements for information imposed by law, copyrights, trademark rights, means of individualization, or other intellectual rights belonging to third parties.

Under no circumstances shall Yandex bear any liability for obligations arising from the relations between Users (other third parties) and the Partner. Liability to Users, third parties and government authorities rests in full with the Partner as the owner of the relevant Partner Resource or Partner Data.

5. Suspension and Termination of Placement of Partner Data

5.1. Yandex has the right to suspend the Placement of Partner Data if the Partner Data or Partner Resources no longer comply with the requirements, violate the provisions of these Terms, Regulatory Documents, mislead users, or if the Partner's actions (inaction) lead or may lead to a violation of the rights and interests of Yandex, Users or third parties.

The Placement of Partner Data may not be carried out in the event of a decrease in the usefulness of search results for the relevant query directly in connection with the demonstration of the Partner's extended results within the Functionality.

5.2. The grounds for early termination of cooperation with Partners and termination of the Placement of Partner Data are:

(1) failure to comply with mandatory requirements stipulated by the Terms, other documents adopted in pursuance of these Terms, including the requirements of the Regulatory Documents, as well as the requirements of applicable legislation;

(2) receiving complaints from users or third parties regarding the inaccuracy of the information provided by the Partner, the harmfulness of the content (the content contains information prohibited by law or the information poses a threat to the life, health and interests of persons (or a group of persons), immorality; incitement to hatred and/or discrimination against people on racial, ethnic, sexual, religious or social grounds; containing elements of pornography (or incitement to violence and cruelty, etc.) or the non-compliance of the Partner's actions with legal requirements;

(3) termination of Yandex support for the relevant formats of Placement of Partner Data in Yandex Search or Yandex Services;

(4) if there is reason to believe that the Placement of Partner Data or the actions of the Partner create a threat of violating the rights and interests of Users, Yandex and third parties.

5.3. If one or more of the circumstances specified in paragraph 5.2 of these Terms are identified, Yandex shall suspend or terminate the Placement of Partner Data.

5.4. The Partner additionally agrees and acknowledges that if the Partner’s violation committed during the Placement of Partner Data resulted in any claims, requests, demands, orders, or lawsuits (hereinafter referred to as “Claims”) being brought against Yandex, the Partner undertakes to:

(1) provide Yandex with all information and data requested from Yandex by the court, authorized government body or other person in connection with the filing or consideration of the Claim;

(2) to settle all Claims received by Yandex by its own efforts and at its own expense. In the event that it is impossible to settle Claims by the efforts and at the expense of the Partner, the Partner undertakes to compensate Yandex for the amount of documented actual damage incurred by Yandex as a result of the submission or consideration of the Claim.

5.5. In this case, in the event of the Partner’s refusal to fulfill its obligations specified in paragraph 5.4 of the Terms, the Partner shall reimburse Yandex for all documented losses incurred by Yandex as a result of the filing or consideration of the Claim, regardless of the circumstance that the independent settlement of the Claim by the Partner or the Partner’s participation in the consideration of the Claim could have led to a reduction in such losses or their elimination.

5.6. Yandex shall independently organize on its side the system of collecting and processing Claims, the timeframes for their consideration and measures to respond to them.

6. Intellectual property rights

6.1. By starting to use the functionality, the Partner guarantees that they have not taken and will not take any actions aimed at circumventing the technical protection methods that prevent unauthorized use of any element constituting the Yandex Services. Any copying, reproduction, processing, distribution, public disclosure of the constituent elements of the Functionality or Yandex Services, bypassing the technical protection means or using them for resale purposes is prohibited.

6.2. The Partner understands and agrees that the information placed using the Functionality will not violate the copyrights, trademark rights, or other intellectual property rights of third parties. The Partner undertakes to resolve all claims of third parties related to the placement (editing) and distribution of information containing intellectual property rights independently and at the Partner's own expense.

6.3. By uploading the Partner Data, Partner grants Yandex a non-exclusive license to use the materials included in the Partner Data for the purpose of Placement of Partner Data in Yandex Search and Yandex Services, as well as in Yandex informational and marketing materials drawing the attention of other users to the Functionality, Search and Yandex Services without the need to obtain special permission from Partner and without paying royalties.

7. Other provisions

7.1. Yandex has the right to make any changes to the structure and algorithms of the Functionality, suspend or terminate the Functionality without prior notice to the Partner and without the latter expressing consent to this.

7.2. Personal data of the Partner are processed for the purpose of providing the functional capabilities of the Functionality in accordance with these Terms and the provisions of the Privacy Policy located at https://yandex.com.tr/legal/privacy_policy.

7.3. All questions and claims related to the use/inability to use the Functionality should be sent via the feedback form.

Büyük Reklam Çözümleri Limited Şirketi

Taxpayer's number 1930883241

Halaskargazi Mah. Halaskargazi Cd. No:38-66/E İç Kapı No:215 Şişli/ İstanbul