VIPE shall endeavour to offer the service for access without interruptions as far as possible. Even when applying the greatest care, it is not possible to prevent downtimes when the web server cannot be accessed via the Internet on account of technical or other problems which are beyond the control of Virtual Persona Inc. The user acknowledges that the full availability (100%) of the website cannot be technically realized.
We shall be liable for damages – regardless of the legal ground – within the limits of fault-based liability in case of intent and gross negligence. In case of simple negligence, we shall be liable in accordance with legal provisions subject to a milder standard of liability (e.g. for care applied to one’s own matters) only
for damage arising from loss of life, physical injury or an impairment of health;
for damage arising from a not insignificant breach of an essential contractual obligation (obligation, the fulfillment of which renders the proper implementation of the contract possible in the first place and on compliance with which the contractual party regularly relies and may rely); in this case our liability is, however, restricted to compensation for foreseeable damage that typically arises.
The limitations of liability defined under 2. shall also apply to breaches of duty by or in favour of persons for whose fault we must assume responsibility in accordance with legal provisions or have assumed a guarantee for the condition of the Crypto-Collectibles and for claims of the purchaser based on the Product Liability Act.
As a user you are responsible for the implementation of reasonable measures to safeguard the Wallet, safe or another storage mechanism that you use for the purchase, exchange or use of platform-internal elements, tokens and/or other objects on the VIPE platform, currently consisting of an app and a website, including all the required private passwords or other access data that are required for access to these storage mechanisms. As a platform organizer, VIPE is not responsible and shall remain not responsible for losses entailed in the loss of your access data or in third-party access to your access data.
Through the purchase of platform-internal articles and/or the receipt of tokens and the use of the VIPE platform, you declare and guarantee the following:
You have a sufficient understanding of and experience with cryptographic tokens (particularly Ethereum-based blockchains), token storage mechanisms (e.g. token Wallets) and blockchain technology in order to understand these terms and understand the risks and effects of the acquisition, the procurement and the exchange of platform-internal elements.
You have read and understood these terms (including all the annexes, if available).
You have received sufficient information on the VIPE platform to make an informed decision on the purchase, holding or exchange of platform-internal articles and/or tokens.
Your purchase, your procurement and your exchange of articles and tokens tied to the platform comply with applicable laws and regulations in your place of jurisdiction, including but not limited to (i) the legal capacity and all other threshold requirements in your jurisdiction for the use and payment of Ether and any other support currencies and the conclusion of contracts with the platform organizer, (ii) all the foreign currency or regulatory restrictions for this purchase and (iii) all the government or other approvals that must be obtained.
You will comply with all the tax obligations applicable in your jurisdiction which arise from the purchase, the procurement or the exchange of cross-platform articles, if necessary.
If you purchase, hold or exchange platform-independent articles or tokens in the name of a natural or legal person, you are entitled to accept these terms in the name of this natural or legal person and this natural or legal person shall be responsible for any infringement of these terms by you or this natural or legal person or another employee or representative of this person.
You agree that when using the platform there is a risk that digital assets in the form of cryptocurrency can be lost, particularly through the loss of private keys, and that the platform organizer is not liable to you for any such loss.