Kiseki.com: Terms of Use Agreement

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON «SIGN IN WITH GOOGLE», «TAKE A CHANCE» (IF APPLICABLE) OR «CONTINUE WITH GOOGLE» (IF APPLICABLE) OR «CONTINUE» (IF APPLICABLE) OR «SEE RESULTS» (IF APPLICABLE) BUTTON, ONCE THE BUTTON IS CLICKED YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT REGARDLESS OF WHETHER OR NOT YOU REGISTER FOR OR PURCHASE THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY Kiseki.com AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE WEBSITE/ UPON OUR UPDATING THE APPLICATION WITH THE CURRENT VERSION OF THIS AGREEMENT.

1. Eligibility. By registering on Kiseki.com, You represent and warrant that You are at least 18 years old. Membership in the Service and registration on Kiseki.com is void where prohibited. By using Kiseki.com, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. All information supplied when registering MUST be accurate, true and complete in all respects. In particular, if using a credit or debit card, the cardholder's name MUST be the same as the name used when registering with the Website, unless you provide valid and verifiable reasons for it being different. Where the identification provided is inaccurate or incomplete, suspension of the account will occur until identity verification has been satisfactorily completed. You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity. You must keep your password and all account details secret and confidential as you are responsible for use of the Services from your account and any other activities taking place on your account. Any transactions on your account will stand if your username and password have been entered correctly.

2. Term. This Agreement will remain in full force and effect while You use Kiseki.com and/or are a Member of Kiseki.com. You may terminate Your membership at any time, for any reason, effective upon receipt of Your written notice of termination by Kiseki.com customer support staff via Live Support or email.

   Kiseki.com may terminate Your membership for any reason, with or without explanation, effective upon sending a notice to Your email address provided at registration, or to any other email address provided by You to Kiseki.com. Upon termination by Kiseki.com without cause, You shall receive a refund, pro rata, of any paid fees that Kiseki.com has received from You. If Your membership with Kiseki.com is terminated by reason of violation of this Agreement, or at Your request, You will not be entitled to, nor shall Kiseki.com be liable to You, for any refund of unused fees for using Kiseki.com or its additional Services. Unused credits (excluding subscription credits) expire 90 days after their purchase date. Unused subscription credits expire at the end of  one-month subscription period and will not be moved to the next subscription period. Used credits are non-refundable , except as provided in this Agreement or Safety and Cancellation Policy. Notwithstanding Your membership being terminated, this Agreement will remain in full effect.

3. Non-Commercial Use by Members. Kiseki.com is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities may not become Members and are not entitled to use the Service or the Website/ Application for any purpose. Illegal and/or unauthorized use of the Website/ Application, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website/ Application will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. You hereby grant, represent and warrant that You will not create any databases, websites, applications, software, legal entities and services competitive with Kiseki.com. You further guarantee and warrant that You will not use the Website/Application for any commercial purposes, and/or send or receive funds through the Website/Application, and/or create accounts with fake usernames. You further guarantee and warrant that You will not be paid for using the Website/Application and services, provided on the Website/Application. Such activity will be investigated, Your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.

4. Proprietary Rights in Content. Kiseki.com owns licenses or otherwise retains all intellectual property rights in the Website/ Application and the Service, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same of Kiseki.com and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Content Posted at Kiseki.com:

   1. You understand and agree that Kiseki.com may at its sole discretion store for review and delete any content, messages, photos, videos, audio and video calls or profiles (collectively, «Content») that in the sole judgment of Kiseki.com violate this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members or any third parties.

   2. You are solely responsible for the Content that You publish or display (hereinafter, «post») via the Website/ Application, or transmit to other Members.

   3. By posting Content to any public area of the Website/ Application You automatically grant, represent and warrant that You have the right to grant to Kiseki.com an irrevocable, perpetual, non-exclusive , fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

   4. The following is a partial list of Content that is illegal or prohibited on the Website/ Application. Kiseki.com reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content that:

      • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • harasses or advocates harassment of another person;
      • involves the transmission of «junk mail», «chain letters», or unsolicited mass mailing or «spamming»;
      • promotes information that You know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
      • promotes an illegal or unauthorized copy of another persons copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music or links to pirated music files;
      • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
      • publicly displays inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity);
      • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
      • provides instructional information about illegal activities such as making or buying illegal weapons, violating someones privacy, or providing or creating computer viruses;
      • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
      • engages in commercial activities and/or sales without Kiseki.com prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

   5. You must use the Service in a manner consistent with any and all applicable laws and regulations. Your Content must comply with applicable international, national and local laws and regulations.

   6. You agree and confirm that compensated dating or sexual arrangements are strictly prohibited. Therefore, you shall not interfere in compensated dating or sexual arrangements.

   7. You may not include in Your profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not include in Your correspondence with other members any URLs, email addresses or telephone and fax numbers.

   8. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Kiseki.com cannot monitor the conduct of its Members off the Website/ Application, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its Members from such advertising or solicitation, Kiseki.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Kiseki.com deems appropriate in its sole discretion.

   9. You may not collect data from Kiseki.com either from authorized and not authorized zones through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake user accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on Kiseki.com. You may not collect data from Kiseki.com authorized zones by any other means including manual collection of data.

   10. To ensure the quality of the Service provided, Your communication through the Website/ Application may be recorded.

   11. Kiseki.com reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this Section including without limitation removing the offending communication from the Service and terminating the membership of such violators.

6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please supply Kiseki.com's copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing on such copyright is located on the Website/ Application; Your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owners behalf.

7. Member Communications. You are solely responsible for Your interactions with other Kiseki.com Members. Kiseki.com reserves the right, but has no obligation, to monitor disputes between You and other Members. Also Kiseki.com is not in any kind responsible for expectations, promises or truthfulness of any information of any Member.

8. Calls and text messages. By providing Your phone number(s), you confirm that the number(s) belongs to you and you expressly consent to receive non-marketing and marketing text messages from Kiseki.com, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive text messages is not required to purchase any goods or services. Your phone number will only be visible to you.

   • Messaging Frequency no more than 10 messages a week;
   • Messaging & Data rates may apply;
   • If You wish to stop receiving messages reply “stop” to the received from Kiseki.com message (sms).

9. Use of the Website/ Application and/or the Service is also governed by Kiseki.com's Privacy Policy and other policies available to You.

10. Disclaimers. Kiseki.com PROVIDES THE SERVICE ON AN «AS IS» BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ITS REPRESENTATIVES, OTHERWISE WITH RESPECT TO THE SERVICE. Kiseki.com SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, Kiseki.com DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR  ERROR-FREE , OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. Kiseki.com DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. Although each member must agree to the Agreement, Kiseki.com cannot guarantee that each member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or «hackers») may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use Your information for purposes other than what You intended. Kiseki.com is not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. We can't guarantee that the particular Member is using his profile personally, but we do all possible to block such behavior. Kiseki.com DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. Kiseki.com is not responsible for any incorrect or inaccurate Content posted on the Website/ Application or in connection with the Service, whether caused by users of the Website/ Application, Members or by any of the equipment or programming associated with or utilized in the Service. Kiseki.com is not responsible for the conduct, whether online or offline, of any user of the Website/ Application or Member of the Service. Kiseki.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Kiseki.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Websites/ Applications or combination thereof, including injury or damage to users and/or Members or to any other persons computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Kiseki.com be responsible for any loss or damage, including personal injury or death, resulting from anyones use of the Website/ Application or the Service, any Content posted on the Website/ Application or transmitted to Members, or any interactions between users of the Website/ Application, whether online or offline.

11. Suppliers. To provide the Service, Kiseki.com may purchase services from various third parties and affiliate marketing partners (collectively, «Suppliers»). The Suppliers are independent contractors and are not agents, or employees of Kiseki.com. Kiseki.com is not responsible for the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants or representatives including, without limitation, their failure to deliver Services, or partial or inadequate delivery of Services. According to terms of agreement with its Suppliers, Kiseki.com is prohibited from rendering the Suppliers contact information. Services provided by the Suppliers include but are not limited to the following:

    1. Suppliers provide full, accurate and legitimate information required for the registration of the Members at Kiseki.com prior to their registration according to the terms of Agreement.

    2. Each supplier may provide translation services for the registered Members and have access to all the correspondence of such Members.

    3. Suppliers provide additional services in accordance to the terms of their agreement with Kiseki.com.

    4. Any additional services requested by Kiseki.com Members, which fall into the Suppliers scope of activity, but not defined by Kiseki.com terms of Agreement with Supplier, may be processed by Suppliers, but are not automatically granted.

       Kiseki.com is not in any way responsible for the quality of any additional services provided by the Suppliers. The Website/ Application and the Service are provided «as is» and Kiseki.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement . Kiseki.com cannot guarantee and does not promise any specific results from use of the Website/ Application and/or the Service.

12. Members. Kiseki.com does not influence the relationships between Members of the Website/ Application. Members may terminate their membership with Kiseki.com at any time. Deactivation of profiles of Members of Kiseki.com is governed by the following:

    1. In the event a Member is no longer interested in the Services, Kiseki.com customer support administrators shall review the correspondence between such Member and other Member's with whom the Member has been corresponding (the «Correspondent») and shall have the right to make a decision, in their sole discretion, with respect to the issuance of refund back to the Member. Notwithstanding the above, Kiseki.com customarily issues no more than 10 credits back to the Correspondent for such a Correspondents last letter to the deactivated Member.

    2. In the event a Member had requested his/her profile to be deleted from Kiseki.com for unspecified personal reasons, the Correspondent shall not have the right to receive any information with respect to the deletion of such a Member's profile, as it would be in violation of Kiseki.com's Privacy Policy. Furthermore, the Correspondent shall not be entitled to any refund with respect to his correspondence with such a Member. Kiseki.com may, at its discretion, issue 10 credits back to Correspondent's account for Correspondent's last letter to the Member, if this letter was the last one in their correspondence.

    3. In the event, a Member had found his/her match, and same is not the Correspondent, the Correspondent shall not be entitled to any refund with respect to this correspondence with such Member.

    4. In the event, a Member had been reported for inappropriate activities, Kiseki.com may, at its sole and unfettered discretion, issue a partial refund to the Correspondent, who had informed Kiseki.com of such Member's inappropriate activity by providing incontrovertible evidence of same.

    5. In the event, a Member is found on an anti-scam site, or in case we receive reliable proof of the Member's illegal activities from another Member, such Member's profile may be deleted from the Website/ Application provided that Kiseki.com, in its sole and unfettered discretion, considers the supplied information substantial and irrefutable. Kiseki.com may issue a partial refund to the Correspondent who provided such information.

13. Members may have only one account (membership) with the Service. Multiple accounts will be blocked.

    Members must confirm their identity. To be verified, a member should pass a verification process. We accept selfies and a photo of the document (E.G. Driver's License, Residence Card, My Number Card) as a way of verification.

14. Purchase of Membership/Additional Purchases. Upon registering with the Website/ Application, You shall have access to the following Services:

    1. Browsing of Members profiles;

    2. Inclusion of Your profile in Kiseki.com's database and searchability by other Members;

    3. Ability to make changes to Your profile;

    4. Ability to read messages, but only in Web version;

    5. Ability to respond to messages from Members with a positive balance on the account;

    6. Ability to purchase membership.

15. Your free use access may be terminated after a month of use. In the event You wish to continue using our Website/Application and/or use other Services not included in a free-use, You’ll have to buy Membership and Credits. All Services not included in the membership fee shall be provided at additional charge. Your membership will continue indefinitely until cancelled by You. After Your initial purchase of membership, and again after any subsequent membership period, Your membership will automatically renew for an additional equivalent period, at the price you agreed to when initially purchasing the membership. You agree that your account will be subject to this automatic renewal feature. If You want to change or terminate your membership, please contact our customer support via Live Support. If You cancel Your membership, You may use your membership until the end of Your then-current membership term and Your membership will not be renewed thereafter. However, You won’t be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period.

    By purchasing the 1 (one) calendar months membership, You authorize Kiseki.com to charge Your credit card, debit card or other payment method at such time and again, as Your membership will automatically renew at the beginning of any subsequent membership period, unless canceled by You prior to the expiration of any membership period, including any sales or similar taxes imposed on Your membership payments. Unless otherwise indicated in any applicable additional terms or communications Kiseki.com sends to Your registered email address, the renewal membership will be at the same membership fee as when you first subscribed, plus any applicable taxes, unless Kiseki.com notifies You at least 10 days prior to the end of your current term that the membership fee will increase. You acknowledge and agree that your payment method will be automatically charged for such membership fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your membership is subject to automatic renewals and You consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorization from You and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable membership fees. Upon the renewal of Your membership, if Kiseki.com does not receive payment, You agree that Kiseki.com may either terminate or suspend your membership and continue to attempt to charge Your payment method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new membership commitment period will begin as of the day payment was received).

    By subscribing to our paid-monthly membership, you will receive the following benefits:

    1. A showcase of your account to all members during the membership period

    2. Promo credits if included and depending on the subscription type defined during the purchase process. Promo credits are renewed each subscription period and not moved to the next subscription period

    3. We also offer several credit packages with special prices per credit. These credits can be used for any of our services: chats, emails, sharing photos and videos, etc.

16. Price of services:

    • Basic Chat costs 1 сredit per minute;
    • One-Way Video Chat costs 4 credits per minute;
    • Two-Way Video Chat costs 6 credits per minute;
    • Offline Message sending costs 1 credit per message (160 symbol limit)
    • Mobile App Message sending costs 1 credit per message (160 symbol limit);
    • Email costs 10 credits each;
    • Sending/Viewing photos or videos costs 15 credits each;
    • Sending/Listening voice messages costs 10 credits each;
    • Sending stickers costs up to 10 credits each;
    • Sending animated smilies costs 1 credits each;
    • Viewing video in profile costs 10 credits each;
    • Let’s Mingle costs 5 credits per use.

      Kiseki.com employs AI technology to provide various services. As part of the services provided, Let’s Mingle (hereinafter referred to as LM) messages are being generated by AI on the basis of personal profile information voluntarily provided by users. Please be aware that LM messages are generated by an AI system and may contain errors, inconsistencies, or outdated information. Kiseki.com cannot guarantee the accuracy, completeness, or timeliness of the information provided. Kiseki.com will not be liable for any damage as a result of use or interpretation of the information provided in LM messages generated by AI technology. If you find any content that is offensive or discriminatory, please report it to Kiseki.com customer support center.

    • Firstly bonus credits issued as a gift are used, then promo credits if included in your paid-monthly membership and then usual credits are purchased.

17. At our sole discretion we may offer you extended scope of Membership, provided that we may overturn or change this extended scope of Membership at any time. The extended scope of Membership may additionally include the following:

    1. Free chats, video chats, emails, offline messages, mobile app messages with the other Members;
    2. Sending/Viewing photos or videos to other Members, and viewing video in profile of other Member

18. Members may cancel their first membership, without penalty or obligation, at any time prior to midnight of the third business day following the day of becoming a member. To cancel your membership e-mail a signed and dated written notice which states that You are canceling your membership. This notice should be sent via Live Support. You may in the alternative mail the cancellation notice to the address stipulated above. The mailing must be postmarked during the three-day cancellation period. Please include your username and email address in any notice or your refund may be delayed. If you cancel your membership during the three-day period, Kiseki.com will return, within ten business days of the date on which Kiseki.com receives notice of cancellation, payment for the membership you have made, but additional documents may be requested from you to proceed with the refund. You will not be allowed to rejoin as a member after canceling according this Section.

    In the event that you die before the end of your Membership period, your Estate shall be entitled to a refund of that portion of any payment you had made for your membership that is allocable to the period after your death. Additional documents may be requested from You.

    In the event that you become disabled (such that you are unable to use the services of Kiseki.com before the end of your membership period), you shall be entitled to a refund of that portion of any payment you had made for your membership which is allocable to the period after your disability by providing Kiseki.com with notice and evidence of disability at the same address as listed above. Additional documents may be requested from You.

19. Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will Kiseki.com be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Website/ Application or the Service, as well as damages for loss of date, loss of programs, cost of procurement of substitute Services or Service interruptions, even if Kiseki.com knows or has been advised of the possibility of such damages. Kiseki.com is not responsible for any activities outside of our services (including, but not limited to expenses related to travel, deliveries, meetings etc.). Those expenses are your own responsibility. Notwithstanding anything to the contrary contained herein, Kiseki.com's liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to Kiseki.com for the Service during the term of membership.

20. U. S. Export Controls. Software from the Website/ Application (the «Software») is further subject to United States export controls. No Software may be downloaded from the Website/ Application or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Republic of Belarus, Russian Federation, territories occupied by the Russian Federation, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone who is listed on the U. S. Treasury Department's list of Specially Designated Nationals or on the U. S. Commerce Department's Table of Deny Orders. By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

21. Disputes.

    These Terms shall be governed and construed in accordance with the laws of Malta without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. You will attempt to resolve all disputes with respect to the Services through communication with our Customer Support Team. If parties are unable to resolve the dispute in 60 days, then such dispute or difference arising out of or in connection with this Terms shall first be referred to and finally resolved by Malta Courts of Justice.Please also note should you chargeback any transactions billed to your account, we may be required to disclose any and/or all private communications sent/received by you through our Service in order to prove the validity of the charges billed to your account and our privacy policy will therefore not restrain any such disclosures.

22. Indemnity. You agree to indemnify and hold Kiseki.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement, and/or any allegations that any Content that You submit to Kiseki.com or transmit to the Website/ Application infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

23. The English version of this Agreement shall prevail over this Agreement in any other language
24. Other. This Agreement, accepted upon use of the Website/ Application and further affirmed by becoming a Member of the Service, contains the entire Agreement between You and Kiseki.com regarding the use of the Website/ Application and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.