Terms & Conditions
Last updated: 25th of May 2018
The web and application (including code and other embedded software), documentation, interfaces, content, pictures, media, fonts, logos and any data that came with this application or can be downloaded or used by this web and/or application, as may be updated or replaced by feature enhancements, software updates or system restore software provided by 123on, whether in read only memory, on any other media or in any other form are licensed, not sold, to you by 123on for use only under the terms of this License. 123on and its licensors retain ownership of the content, web and applications Software itself and its contents and reserve all rights not expressly granted to you. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may, without notice and in our sole discretion, terminate your right to use the Service, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services. The Service that 123on provides are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, 123on may stop (temporarily or permanently) providing the Services (or any features of the Services to you or user in general and may not be able to provide you with prior notice. 123on, at its discretion, may make available future updates to the application. Updates, if any, may not necessarily include all existing software features, or new features that 123on releases for newer applications. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. The Services may include service announcements, administrative messages, and advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by 123on on the Services are subject to change. In consideration for 123on granting you access to and use of the Services, you agree that 123on and its parent, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. In order to interact and push videos to your friends, we ask you to synchronize contacts and verify your mobile number in order to verify synchronize with your friends. Please be aware that your carrier’s text messaging fees apply for mobile number verification.
Permitted License Uses and Restrictions
- (a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the Services provided by 123on. This License does not grant you any rights to use 123on proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party content.
- (b) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download 123on application Updates that may be made available by 123on for your model of phone that you own or control.
- (c) You may not and you agree not to, or to enable others to, copy and distribute content downloaded (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the web and/or application, or any services provided by 123on, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the 123on web and/or application). Any attempt to do so is a violation of the rights of 123on and its licensors of the 123on web and/or Application and content applicable.
- (d) By storing content in your 123on application you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The 123on application may be used to store and use materials so long as such use is limited to this license and downloaded from 123on, or any by 123on controlled stores.
- (e) You agree to use the 123on web and/or application and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the 123on web and/or application and Services.
Payments, Taxes and Refund Policy
If you are a subscriber or making an in-app purchase the Service includes a right to connect an incoming call, alert or any other trigger to data, an image or multiple images displayed in sequence with or without sound.
You agree that you will pay for all products you purchase through the Services, and that 123on may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING 123on WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the product plus any applicable tax: such sales tax is based on the IP address (at the time of the transaction) and the sales tax rate in effect at the time you download the product. We will charge tax in countries where digital goods are taxable. All sales, gifts and rentals of products are final. Gifts recipients must have compatible hard- and software to utilize some gifts.
Prices for products offered and subscription via the Service may change at any time, and the Service do not provide price protection or refunds in the event of a price reduction or promotional offering. If any, changed price will take effect after current paid for period expires. Termination of your subscription due to price relating changes, in accordance with Section 3(c)(Termination). (b) Automatic subscription renewal. Subscription to 123on will automatically be renewed at the end of each subscription term unless you terminate your subscription prior to the end of such subscription term in accordance with Section 3(c)(Termination). Such renewal will always be for a monthly subscription term. At the time of renewal the payment method you have designated to be charged for the purchase of the 123on Subscription will automatically be charged with the applicable amount. You may cancel your subscription of 123on at any time by visiting your subscription page which termination shall have effect at the expiry of the then-current subscription period that you have already paid for. 123on will not refund any remaining portion of subscription fees you have already paid for. We reserve the right to terminate this Agreement or suspend your 123on account at any time in case of unauthorized, or suspected unauthorized, use of the Services provided. If 123on terminates this Agreement, or suspends your 123on account for any of the reasons set out in this section, 123on shall have no liability or responsibility to you, and 123on will not refund any amounts that you have previously paid.
You may not rent, lease, lend, sell, redistribute, or sublicense the 123on Services or content applicable.
Consent to Use of Data
- (a) Anonymous Diagnostic and Usage Data. You agree that 123on and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your 123on application, mobile, system and other software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the 123on application, and to verify compliance with the terms of this License. 123on may use this information, as long as it is collected anonymously in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
- (b) Location Data. 123on and its partners and licensees may provide certain services through your 123on application that rely upon location information. To provide and improve these services, where available, 123on and its partners and licensees may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your 123on application, and location search queries. The location data and queries collected by 123on are collected in a form that does not personally identify you and may be used by 123on and its partners and licensees to provide and improve location-based products and services.
- (c) The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by 123on on the Services are subject to change. In consideration for 123on granting you access to and use of the Services, you agree that 123on and its parent, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Services and Third Party Materials
The 123on web and/or application enables access to 123on, or by 123on controlled Stores, and third party services and web sites (collectively and individually, “Services”). Use of the Services requires Internet access and use of certain Services requires you to accept this terms. By using this application, you agree to the latest Terms and Conditions. Our Services display some content that is not 123on’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that 123on shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Some of our Services allow you to submit content. You agree that you are solely responsible for your content and that 123on is not responsible or liable for any content you submit. While we are not obligated to do so, we reserve the right, and have absolut discretion, to review, screen and delete your content at any time and for any reason. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. When you upload or otherwise submit content to our Services, you give 123on (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to 123on). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that 123on is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. 123on, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither 123on nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or location data or any other data displayed by any Services. (e) You agree that the Services contain proprietary content, information and material that is owned by 123on and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or 123on. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that 123on is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services. (f) In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the 123on application are not available in all languages or in all countries or regions. 123on makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. 123on and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will 123on be liable for the removal of or disabling of access to any such Services. 123on may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
Termination of License
You may not rent, lease, lend, sell, redistribute, or sublicense the 123on Services or content applicable.
Responsibility for the 123on application
You may not rent, lease, lend, sell, redistribute, or sublicense the 123on Services or content applicable.
This License constitutes the entire agreement between you and 123on relating to the 123on web and/or application and content applicable and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by 123on. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
Disclaimer of Warranties.
If you are a customer who is a consumer (someone who uses the 123on Services outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization. Other than as expressly set out in these terms or additional terms, neither 123on nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE 123on APPLICATION AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE 123on APPLICATION AND SERVICES PERFORMED BY THE 123on APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND 123on AND 123on’S LICENSORS (COLLECTIVELY REFERRED TO AS “123on” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE 123on APPLICATION AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU FURTHER ACKNOWLEDGE THAT THE 123on APPLICATION AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE 123on APPLICATION OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. 123on DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE 123on APPLICATION AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE 123on APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE 123on APPLICATION AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE 123on APPLICATION OR SERVICES WILL BE CORRECTED, OR THAT THE 123on WEB AND/OR APPLICATION WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS APPLICATION MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE OR THIRD PARTY SERVICES. 123on WILL MAKE REASONABLE EFFORTS TO KEEP THE 123on SERVICE OPERATIONAL. HOWEVER, CERTAIN TECHNICAL DIFFICULTIES OR MAINTENANCE MAY, FROM TIME TO TIME, RESULT IN TEMPORARY INTERRUPTIONS. 123on RESERVES THE RIGHT, PERIODICALLY AND AT ANY TIME, TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, FUNCTIONS AND FEATURES OF THE 123on SERVICE, WITH OR WITHOUT NOTICE, ALL WITHOUT LIABILITY TO YOU FOR ANY INTERRUPTION, MODIFICATION, OR DISCONTINUATION, OR UPDATE THE SERVICE, OR TO PROVIDE ALL OR ANY SPECIFIC CONTENT THROUGH THE SERVICE. YOU FURTHER ACKNOWLEDGE THAT IT’S YOUR SOLE RESPONSIBILITY TO CHECK COMPATIBILITY OF THE 123on SERVICE AND FEATURE DEVICE SOFTWARE UPGRADES AND/OR BEFORE CHANGING DEVICE AND THAT 123on HAVE NO LIABILITY OR WARRANT OF THE FUNCTIONALITY OF THE 123on SERVICE ON SUCH UPGRADES OR CHANGE OF DEVICE. 123on WILL NOT REFUND ANY PURCHASES OR PAYMENTS MADE DUE TO DEFECTS, UPGRADES, CHANGE OF DEVICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 123on OR AN 123on AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE 123on APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL 123on, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APPLICATION AND/OR WEBSITE’S, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APPLICATION AND/OR WEBSITE’S, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION AND/OR WEBSITE’S BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE 123on APPLICATION AND/OR WEBSITE’S, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (VI) ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE 123on APPLICATION AND SERVICES OR ANY THIRD PARTY CONTENT IN CONJUNCTION WITH THE 123on APPLICATION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT 123on SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. In no event shall 123on’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Controlling Law and Severability
This License will be governed by and construed in accordance with the laws of Sweden, excluding its conflict of law principles.
Complete Agreement; Governing Language
Third Party Acknowledgements
Portions of the 123on web and/or application may utilize or include third party content and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the 123on, and your use of such material is governed by their respective terms.
Certain features of the service require access to your device’s native phonebook (contacts) and image storage. If you choose to synchronize contacts, the names and phone numbers in your device native phonebook will be transmitted to 123on. Through the contact list, if synchronized, in our Services, you can choose whether to accept videos to be pushed from other users you have in your contact list. At any time you can block another user to interact with you. To add a new friend simply invite them via the app or add them in the standard contact list on the phone to be synchronized. To be able to push videos, both parties has to have the app installed, verified their phone number and share phone number (contact details) to the other party in the respective device.
About the terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. These terms control the relationship between 123on and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other term.