GENERAL TERMS OF USE AND PRIVACY POLICY
These General Terms of Use and Privacy Policy (hereinafter: these Terms) apply to users of the website https://www.vp-node.link/ (hereinafter: Website) and product or service (hereinafter: Services) offered through the Website. Please review these Terms carefully. By accessing or utilizing the Website and Services, you are agreeing to these Terms. If you do not agree to these Terms, you must cease your use of the Website, and you may not use any of the Services.
These Terms are governing the use of the Website and Services offered through the Website, their use through devices that enables you to have access to the Internet and browser, and the conditions of processing data provided by you through the use of the Website and Services. Subject to your acceptance of and adherence to these Terms, you are granted a limited, non-exclusive, non-transferable, revocable right to access and use the Website and Services as set forth herein, solely for your own, personal purposes as an individual consumer. The terms »you« and »user« shall refer to all individuals and entities that access or utilize the Website and Services. By affirmative actions of using the Website or Services, as applicable, the User expressly consents to and accepts the General Terms of Use and Privacy Policy contained herein.
- Use of the Website and Services
To access the Website a supported Web browser is needed, and to use the Services also an open account at your node provider. You acknowledge that VP-Node may cease to support a given web browser and that your continuous use of the Website and Service will require you to download a Website supported browser, where functionalities and processes of the Services are described at https://www.vp-node.link/faq/. You also acknowledge that the performance of the Website is dependent on the performance of your computer equipment and your Internet connection at hand.
1.1. Eligibility
In accordance with the provisions of the law governing these Terms, access to the Website and/or Services are limited to persons that: (a) have the legal capacity to enter into a binding contract and full right and authority to use the Website and Services and to be bound by these Terms, and in doing so will not violate any other agreement to which they are a party; (b) have not previously been suspended or removed from using the Services; (c) if they are using the Services on behalf of a legal entity, they further represent and warrant that such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and that they are duly authorized by such legal entity to act on its behalf; (d) are not located in, or a resident of, any country whichembargoed goods and/or services of the same type as the Services; and are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity, that[MOU1] under the applicable laws of the jurisdiction of its organization, residency or nationality, appears (i) on the Specially Designated Nationals List, Foreign Sanctions Evaders List, or other Sanctions or Restrictions List; (ii) on the Terrorist Exclusion List; (iii) that is subject to sanctions in any country; or (iv) that is engaged in the design, development, or production of nuclear, biological, or chemical weapons, missiles, or unmanned aerial vehicles.
Therefore, when accessing the Website and using Services, you expressly state and ensure that you fulfill this requirement and otherwise accept the consequences if they arise. If you are unable to comply with the conditions laid down in this chapter, please do not access the Website and use the Services.
- 2. How does it work?
To access Services, VP-Node offers a system (hereinafter: VP-Node account) as an automatical creation of your account upon node startup, by providing credentials for it; the same email and password as for your node application (hereinafter: node credentials). Without buying products offered through the Website and providing node credentials you will not be able to access and utilize the Services.
Once the automatic creation of your VP-Node account is completed by the User providing node credentials for it, the Services are enabled. By providing credentials for node startup as a User, you will allow VP-Node to use your data once it has been dissociated from you, and it cannot be associated with you as you always remain anonymous along with the aggregated anonymous data from other Users. Users, through the Website respectively, may modify only their VP-Node account password (without changing or correcting the order password) and reject the processing of their data.
- 3. Acceptable use
You are not entitled to use the Website and Services provided herein to: (a) sell, grant a security interest in, or transfer reproductions of the Service to other parties in any way, nor to rent, lease, or license the Services to others without the prior written consent of VP-Node; (b) host or provide matchmaking services for the service or emulate or redirect the communication protocols used by VP-Node in any network feature of the Services, through protocol emulation, tunneling, modifying, or adding components to the Services, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to use as part of content aggregation networks, websites, or services, without the prior written consent of VP-Node; or (c) exploit the Services or any of its parts for any commercial purpose, except as expressly permitted elsewhere in this Terms.
When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property, or other third-party right or commit a tort and that you are solely responsible for your conduct while using the Services. You must not: (a) use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner; (b) use the Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money-laundering, or terrorist activities; (c) use any robot, spider or other automated means or interface not provided by VP-Node to access the Services or to extract data; (d) engage in Automated Data Collection (scraping) unless such collection is confined solely to search indexing for display on the Internet; (d) use or attempt to use another user’s account without authorization; (e) attempt to circumvent any content filtering techniques employ by VP-Node, or attempt to access any service or area of the Services that you are not authorized to access; (f) introduce to the Services any virus, trojan worms or other harmful material; (g) develop any third-party applications that interact with the Services without VP-Node prior written consent; (h) provide false, inaccurate, or misleading information; and (i) incourage or induce any third party to engage in any of the activities prohibited under this Section.
- 4. Payments and Fees
Package purchases are processed automatically and if not otherwise informed you may expect your nodes to be running within 24 hours of purchase. Please keep in mind that VP-Node is not responsible for any or none of the node technology and can therefore not guarantee any kind of functionality as this is solely the responsibility of any third-party provider selected by them. Furthermore, VP-Node strongly urges, as normal practice, that you double-check all transactions, fees, and recipient addresses before confirming any transactions through your wallet. VP-Node does not have control over your transactions within your wallet. You have complete custodian control over your digital assets, this also means that VP-Node is not able to recover any funds sent or received to an incorrect address.
The terms between the payment facilitator and customers who utilize the services offered by the payment facilitator are governed by separate agreements and are not subject to the Terms on the Website.
Any separate charges or obligations you incur in your dealings with other third-party service providers are your responsibility. You are responsible for any fees, taxes, or other costs associated with the purchase and delivery of your purchases resulting from charges imposed by your relationship with payment services providers or the duties and taxes imposed by your local customs officials or other regulatory body.
All monies stipulated in these Terms and the Services are expressed in USD and are converted to cryptocurrency at the applicable exchange rate at Coingeco.com at the time of purchase and include all applicable taxes.
Your purchases items are final, non-refundable sales, except where specifically noted otherwise.
You agree not to initiate any claim and dispute procedure with third parties regarding payment and receipt of products or services. Initiation of a claim and dispute procedure may result in automatic termination of your account and use of the Services. You will exclusively submit any disagreement, dispute, complaint, or query through Support. Any other media or communication sources do not constitute a valid means to engage with VP-Node for support.
Any refunds for purchases following your instructions shall be at VP-Node’s sole, unfettered, and exclusive discretion, and provided only on an exceptional basis.
Nothing in these Terms shall constitute a partnership or joint venture between you and VP-Node.
2. Data Protection general information and Consent
Provisions of Data Protection in these Terms apply to VP-Node and Services. Existence of file: In compliance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: Regulation (EU) 2016/679), VP-Node hereby informs the Users that their data and other information provided through the VP-Node account creation and use of the Services shall be administered in the European Union when intended for users in the European Union.
The right to access, rectify, challenge, and cancel the data through the VP-Node account and using the Services may be exercised in writing to the email support@vp-node.link.
Obligation to provide information: All data fields on the VP-Node account form are required for account creation. Failure to communicate obligatory data makes it impossible for VP-Node, to provide the Services, offered through the Website, as the User can not use the Services as it was intended to be used.
Purpose and Consent: By voluntarily providing obligatory data and submitting the node credentials for the User, and by clicking on the corresponding checkbox, the User give his/hers express consent for VP-Node to process his/her data to manage the use of the Sevices, or its and the Website functionality, and to receive information related to the Website and Services by electronic emails unless specified otherwise by law.
Statistics Report: Please note that VP-Node may use the data provided by the Users through the VP-Node account form to draw general conclusions based on these data and statistical reporting to improve the Services. In preparing these reports, the data will be in an aggregate form so it will always be used anonymously and without any elements that identify the User who provide such data. Therefore, no identification data such as the email account or IP address of any User will be included in these statistical reports.
2.1. What data about you VP-Node collects?
»Data about you« for the purposes of these Terms means information that identifies you as a User, such as IP address, your email address, and password at your chosen node provider. It is advisable not to use personal data when providing obligatory data to access and use the Services.
VP-Node does not consider personal data to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual. VP-Node collects personal data only when you use your e-mail at the VP-Node account form, for communication with VP-Node through customer support, or by sending a feature request.
2.2. Data security
VP-Node has applied all the measures required for the »high-security-level-files« by the Regulation (EU) 2016/679, to grant the protection of the data and information of the Users. VP-Node ensures absolute confidentiality and privacy of User’s data, and has therefore adopted essential security measures to prevent alteration, loss, treatment, or unauthorized access to guarantee its integrity and safety, and has especially taken the measures provided for this in the Regulation (EU) 2016/679. However, VP-Node is in no way liable for any incidents that may arise for data that derive either from an attack or unauthorized access to systems that are impossible to detect by the security measures implemented. VP-Node also exercises no control over how your information is stored, maintained, or displayed by third parties whom you have shared your data with.
3. Cookie statement
The Website uses automatic data collection systems, not directly provided by the User, such as cookies. A Cookie is namely a small file that requires permission to be installed on the User’s computer hard drive, or in the memory of the default browser pre-configured in the computer’s operating system, to identify the User. While it does not contain intelligible information, it associates the User’s identity with data that they leave on the Website. Cookies are located on an VP-Node server so that only VP-Node can process and/or manage the information collected and obtained through cookies – and exclusively only anonymously, and aggregated to optimize the Services regarding the specific requirements and preferences of Users expressed through their browsers.
Information collected from cookies is used by VP-Node to evaluate the effectiveness of the Website, analyze trends, and manage the platform. The information collected from cookies allows VP-Node to determine such things as which parts of the Website are most visited and difficulties visitors may experience in accessing the Website. With this knowledge, VP-Node can improve the quality of your experience on the platform by recognizing and delivering more of the most desired features and information, as well as by resolving access difficulties. VP-Node also uses cookies and/or a technology known as web bugs or clear gifs, typically stored in emails to help VP-Node confirm your receipt of and respond to VP-Node emails and provide you with a more personalized experience when using the Website.
The Cookie in no way gives VP-Node access to your computer or any information about you, except the information that you choose to share with us. All cookies, except the necessary ones, can be accepted or rejected. Necessary cookies enable basic website features, such as site navigation and access to secure areas of the website. As the Website cannot function properly without them, their installation does not require your special permission or the permission of the Website user.
More detailed information about the cookies that we use and the purposes for which we use them are defined in the table at the end of this Policy.
4. Data Confidentiality and Business Secrecy
All data and information required using the Website and Services as well as specific knowledge used for implementation of these Terms, shall irrespective of the format of recording or data carrier on which they are located be deemed to represent a business secret between VP-Node and the User. The publication of the abovementioned information and data, their photocopying, reproduction, and other forms of processing and provision of access or handover to third parties shall be deemed to represent a serious violation of the provisions of these Terms.
Each contracting party is obliged to safeguard business secrecy both during and after cooperation under these Terms, i.e. irrespective of the reason for termination.
The provisions of this chapter shall, subject to the applicable legislation, also apply mutatis mutandis to data that are deemed internal, secret, or confidential as well as personal, unless provided otherwise by these Terms. VP-Node and the User shall be obliged to protect all data that are to be protected under this point according to the applicable legislation, whereby they shall ensure protection that corresponds to their respective level of confidentiality. During the time they have such data in their possession, they shall especially not disclose them to persons who are not authorized to access them. During their processing, they shall ensure their active and passive protection so that their security and non-disclosure are ensured, while they shall after the said period provides for their permanent and irreversible destruction unless provided otherwise by the applicable legislation.
The provisions of this chapter shall not apply to the data the content of which was generally known before disclosure and which could be accessed by anyone without any obstacles unless provided otherwise by the applicable legislation. This shall however apply solely when their re-disclosure does not cause any damage, including loss of reputation or goodwill, to VP-Node, User, or data subjects.
5. Precautions
To the maximum extent permitted under applicable law, and except as expressly provided to the contrary in a writing by VP-Node, the Services are provided on an “as is” and “as available” basis to the maximum extent permitted under applicable law. VP-Node expressly disclaims, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the Services, including the information, content, and materials contained therein.
VP-Node does not provide and the Website or Services do not constitute the rendering of any legal, accounting, tax, financial, IT, or other such professional advice. Therefore, you assume full risk and responsibility for your use of the Website, Services, or information obtained through the Website and Services. You acknowledge that all of the information and content in the Website and Services is for informational purposes only and is not intended to replace the professional opinion. The Website and Services may provide helpful information, but it is not intended to substitute for professional advice or your judgment.
Therefore, to the fullest extent allowed by applicable law, VP-Node makes no warranty regarding the Website and Services, including that the Website and Services will meet your requirements or will work in combination with any hardware or software provided by third parties, that the Website and Services will be uninterrupted, or that all errors in the Website and Services will be corrected.
To the fullest extent allowed by applicable law, in no event shall VP-Node and its affiliates and licensors have any liability, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data, or loss of any unrealized savings or expected benefit, or other financial loss arising out of or in connection with the use, performance, failure, or interruption of the Website and Service, whether foreseeable or not.
6. Ownership
Unless otherwise indicated by these Terms, the property of the Website and Services, belongs to vp-node.link (hereinafter: VP-Node), its affiliates and licensors, and to the extent applicable, third parties providing facilities and technology for its operation. VP-Node owns or has rights to the Website and all of the content in the Website and Services (hereinafter: VP-Node Content), excluding node software, which belongs exclusively to the respective node owners. VP-Node Content include also designs, text, graphics, images, video, information, logos, button icons, audio files, computer code, and other VP-Node content. All VP-Node Content and the compilation (meaning the collection, arrangement, and assembly) of all VP-Node Content are the property of VP-Node or its affiliates and licensors and are protected under copyright. For this reason, the User shall refrain from, by any means, reproducing, adapting, combining, or integrating into other applications, arranging or otherwise handling or transforming, and from publicly communicating or publishing the VP-Node Content. VP-Node is committed to respecting the rights of industrial and intellectual property of others and expects the Users to act in a similar manner. According to the law in effect at the time, VP-Node responds promptly to claims for infringement on industrial or intellectual property rights that are allegedly committed by the Users of the Website or Services. Such claims shall, where appropriate, be notified to the appropriate authorities.
If you submit to VP-Node any information relating to the Website or Services by any means or communication channels, such as through customer support, such information is not governed by these Terms applicable for that information channel and automatically become VP-Node property without any obligation, and you are not entitled to any accounting, compensation or reimbursement of any kind from VP-Node under any circumstances.
7. Disclaimers, Limitations, and Prohibitions
As a condition to your use of the Website and Services, you agree not to: (a) impersonate or misrepresent your affiliation with any person or entity; (b) access, tamper with, or use any non-public areas of the Website and Services or VP-Node computer systems; (c) attempt to probe, scan, or test the vulnerability of the Website or Services, or any related system or network, or breach any security or authentication measures used in connection with the Website or Services and such systems and networks; (d) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise investigate any of the software or components used to provide the Website or Services; (e) harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host, or network, including without limitation by sending a virus, overloading, flooding, spamming, or mail-bombing the Website or Services, or otherwise; (f) provide payment information belonging to a third party; (g) use the Website or Services in an abusive way contrary to its intended use, to VP-Node policies and instructions, to any obligation you owe to any third party, or to any applicable law; (h) use, trade, sell, or otherwise dispose of any item from the Website or Services in any manner that is contrary to, or in violation of, any and all applicable national, federal, state, provincial, and local laws, statutes, regulations, rules, codes, ordinances, orders, or directives.; (i) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; (j) make use of the the Website or Services in a manner contrary to the terms and conditions under which third parties provide facilities and technology necessary for the operation of the Website and Services.
You are responsible for your actions when using and relying on the Website and Services. Therefore, you are solely responsible for your User-related information and data stored with VP-Node. You assume all risks associated with your User-related data or information, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, your User-related data or information contains material that is false, intentionally misleading, or defamatory; violates third-party rights, or contains material that is unlawful or advocates the violation of any law or regulation. You are the sole responsible for the transmission of your information and data through the Website and Services. Therefore, you undertake to comply with all the security measures and obligations applicable, excluding VP-Node of any liability regarding such information or data. It is forbidden to publish or disseminate information, photographs, and any other type of content that, in any obvious way by VP-Node discretionary judgment, violates the law, morality, public order, or good manners. It is forbidden to publish or distribute personal information, including images or photographs and any other information by a third party, and a third party that is understood as others to be any User registered with the Website, or anyone else outside the Website, other than the holder of the information itself. VP-Node reserves the right to terminate the VP-Node account of a User and all related data if it detects or assesses anything illicit, or contrary to morality or public order, or that is detrimental to the image of VP-Node, the Website, and/or the content of its Services or the products or services of third parties, as well as offensive content that could incite, promote or advertise illegal activities or defamatory, pornographic character content, violent or discriminatory attitudes or promote discrimination for reasons of race or ethnicity, gender, affiliation, creed or sexual orientation. The User uses the Website and Services in any of its versions under his/hers sole, exclusive, and unique responsibility. Information published on the Website may contain references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that VP-Node intends to announce or make available such products or services to the general public or in your country. You hereby agree that it is your responsibility to follow your country’s regulations and laws accordingly and acknowledge that VP-Node shall not be responsible for any or none of the said. The User with an open VP-Node account guarantees that he/she is at least 18 years old and has the credentials as required by applicable law and these Terms. The User will be responsible for any directives or other communication to other users or third parties. VP-Node may change or discontinue, temporarily or permanently, any feature or component of the Website or Services at any time without further notice. You agree that VP-Node shall not be liable to you or any third party for any modification, suspension, or discontinuance of any feature or component of the Website or Services unless specified otherwise by law. The Website and Services may be terminated at any time by VP-Node or third parties providing facilities and technology for its operation. VP-Node is not responsible for any disputes or disagreements between you and any third party, including other users, with whom you interact using the Website or Services. You assume all risks associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release VP-Node of all claims, demands, and damages in disputes among the users of the Website and Services. You also agree not to involve VP-Node in such disputes. Use caution and common sense when using the Website and Services. The Website and Services may provide links or references to websites operated by third parties. You are responsible for evaluating whether you want to access or use them. VP-Node is not responsible for and does not endorse any features, content, advertising products, or other materials on other websites or applications. You should read the terms of use and privacy policies (if any) on those third-party websites. You assume all risk and VP-Node disclaims all liability arising from your use of them. The User accepts that there is no claim under any circumstances or any compensation for any damage or injury caused by the use of the Website and Services in any of their versions. The User is solely responsible for contributing content. VP-Node does not exercise any control over the content provided by the Users.
8. Idemnity
You agree to defend, indemnify and hold harmless VP-Node and its affiliates and licensors have any liability from any claim, demand, action, damage, loss, cost, or expense, including without limitation reasonable attorneys’ fees, arising out or relating to: (a) your use of, or conduct in connection with, the Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity.
9. Investigation and Enforcement
You acknowledge that, although VP-Node has no obligation to monitor your access to or use of the Website and Service, it has the right to operate the Website and Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court or other law enforcement or state authorities, if so provided by law.
You further acknowledge that during the pendency of any investigation, VP-Node may revoke your access to the Website and Services.
10. Termination
These Terms will continue to apply until terminated by either you or VP-Node by the following provisions:
- If you want to resolve your relationship with VP-Node, you may do so by changing your node password or by notifying VP-Node at any time or canceling your VP-Node account. Your notice should be sent in writing to the email support@ vp-node.link.
- If you do not notify VP-Node of any changes to your node credentials.
- VP-Node may resolve your legal relationship with you at any time, at its discretion and without notice if: (i) you breach any of the clauses in these Terms, (ii) VP-Node is required by law, (iii) VP-Node no longer provides the Services to the Users within the User’s country of residence or the country in which the User uses the Services; where VP-Node will deploy commercially reasonable efforts to notify you of such termination, for example, by posting updates and notices on various social media.
11. Amendmends
Services or the provisions set forth in these Terms may be updated or changed from time to time. A link to the most current Terms will be available on the home page of VP-Node https://www.vp-node.link and the date of the »Latest Update« at the bottom of the Terms will be indicated. Changes take effect immediately upon posting. You are held responsible to visit this page periodically to review the most current Terms. Your continued use of the VP-Node Website and Services following the posting of such changes constitutes your acceptance of the amended Terms. Without limiting the foregoing, if a change to these Terms materially affects your use of the Services, notice about it may be posted or you will be notified via email or on the home page of the VP-Node of any such change. The most current version of the Terms shall govern and supersede all previous versions.
12. No waiver and severability
VP-Node’s failure at any time to require performance by you of any provision of these Terms shall in no way affect its right to enforce such provision, nor shall the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach of the provision itself.
If any provision of these Terms is deemed invalid or unenforceable, then that provision shall be construed to the extent necessary to make it valid and enforceable in such a manner as comes closest to preserving the intentions of such provision, and the remaining provisions shall remain in full force and effect; the other content that has not been modified, changed, or resolved remain in force and shall be valid for both parties.
13. Force Majeure Events
VP-Node will not be liable for any loss or damage arising from any event beyond VP-Node’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, the action of government, communications, power failure, or equipment or software malfunction (each, a Force Majeure Event).
14. Assignment
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from VP-Node, including by operation of law or in connection with any change of control. VP-Node may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
15. Governing law and jurisdiction
The General Conditions of Use and Privacy Policy shall be governed by Serbian law prevalent at the time. Any dispute arising from the use of the Website or Services by the User, as well as any issues that may arise concerning the interpretation, application, and enforcement of these Terms shall be submitted to the exclusive jurisdiction of the Courts of the Republic of Serbia.
16. Contact
If you have privacy or personal data concern or questions send an e-mail to support@vp-node.link.