StocksFC is a sports entertainment platform where sports fans (“you,” or “user”) can purchase assets that represent the performances of real sports athletes. StocksFC creates digital tokens built on the StocksFC network that correlate to the performance of professional athletes. Tokens are initially released by StocksFC via an IPO ("Initial Player Offering"), and after this they can be traded with other users on the platform. StocksFC allows you to use your sports knowledge to build your portfolio and earn passive rewards based on the players’ performances, just like you can earn dividends from owning stocks on the real stock market.
These Terms and Conditions (“T&Cs” or “Terms”) govern your use of the StocksFC website located at stocksfc.com (including any subdomain URLs) (“StocksFC Website,” “Website”). Additionally, the privacy policy (“Privacy Policy”) governs how we process any of the data that we receive through your use of the Website, App, and Services.
Depending on how you use the Website, additional terms (“Additional Terms”) may apply, including:
- IPO (Initial Player Offering) Terms, if you take part in a StocksFC IPO
- The Marketplace Terms, if you post an offer for sale or purchase of stocks;
- The Referral Terms, if you participate in our Referral Program;
- Brand Guidelines, if you use any of StocksFC’s logos or trademarks.
These Terms and Conditions and any Additional Terms (where applicable) form a legally binding agreement between you and StocksFC – please read them carefully. For the purposes of these Terms, any capitalized terms shall have the meaning assigned.
Article 1 – Definitions
1.1 StocksFC refers to the digital assets trading platform provided by ("StocksFC", "us", "we" or "our").
1.2 Buyer refers to the User who acquires a token through the StocksFC Platform.
1.3 Seller refers to the User who offers to sell their own token on the Platform's Marketplace.
1.4 Token/Share/Stocks/Digital Assets refers to the stocks issued by StocksFC and stored on the StocksFC network.
1.4.1 The stocks on the StocksFC platform do not represent any form of physical or virtual goods as understood in Class 9 of the EU trademark guidelines. They are not downloadable goods, nor are they virtual goods for use in online or virtual environments, they do not signify ownership to a user and they are not downloadable.
1.5 Currency refers to any digital asset designed to serve as a medium of exchange on the StocksFC network and used for payments and withdrawals within the Service, including any legally recognized form of tender, such as pound, euro, dollar.
1.7 Marketplace/Exchange/Transfer Market refers to the service offered by StocksFC that enables Users to purchase, exchange, or sell digital assets.
1.8 Service(s) refers to all services available through StocksFC with a User account, including the IPO Sales page and the Transfer Market.
1.9 Stock Market and Stock Exchange refer to the digital representation of traditional stock markets and stock exchanges, but are not actual stock markets or stock exchanges.
1.10 IPO (Initial Player Offering) refers to the sale of stocks by StocksFC to Users and has no similarities to an Initial Public Offering or an Initial Coin Offering. This term is used to describe the process of StocksFC selling tokens to Users.
1.11 Service(s) refers to every service accessible on StocksFC with a User account, namely the IPO Sales page and the transfer market.
1.12 Terms and Conditions (T&Cs): These Terms and Conditions constitute a legally binding agreement (hereinafter, the "T&Cs") between you and StocksFC (as defined above) governing your access to and use of the Website and all associated services (hereinafter, the "Services").
1.13 Third-Party Services refers to the services not operated by StocksFC, but used to provide content or additional features to the Users such as payment processors, sports performance data and other sports content.
1.14 User/Trader refers to any natural person or legal person using the services offered by StocksFC or visiting its Website with a full legal capacity and who is not acting for purposes relating to his trade, business, craft or profession.
1.15 Player/ Professional Player refers to the performance statistics and data of an athlete that is associated with a token on the StocksFC platform, the token is not associated with the athlete him or herself.
1.16 Website refers to the websites app.stocksfc.com and stocksfc.com including any subdomains thereof, and any other websites through which StocksFC makes its services available.
StocksFC Terminology Disclaimer:
Please be aware that throughout our platform, including the website, mobile applications, and any associated services, StocksFC uses terms such as "stock exchange" and "stock market" for illustrative purposes only. These terms are used metaphorically to describe the features and functionalities of our platform, which is a sports entertainment platform designed for users to earn rewards based on the performance of real sports athletes.
StocksFC is not a stock market or exchange in the traditional sense, and it does not facilitate the trading of securities, commodities, or any other regulated financial instruments as defined under MiFID.. Our platform does not provide investment advice or financial services, and any participation in our platform should be considered as a form of entertainment and not an investment activity.
By using StocksFC and its services, you acknowledge and agree that you understand the nature of our platform and the purpose of the terms we use. You also agree to hold StocksFC harmless from any claims, disputes, or legal issues arising from any misunderstanding or misconceptions about the platform's nature or the terminology used.
We encourage all users to carefully read and understand our Terms and Conditions, Privacy Policy, and any other applicable documentation before using our platform. If you have any questions or concerns regarding the use of the terms "stock exchange" or "stock market" within StocksFC, please contact our support team for clarification.
When we use the term "stock" on our platform, it does not refer to a traditional stock that is traded on the stock market. Our platform operates using a different system that is based on blockchain tokens.
Article 2 - Tokens Trading and Regulatory Status
2.1 Tokens
Our platform enables users to buy and sell tokens that represent the real-life performance of sports athletes, verified using blockchain technology
2.2 Unregulated Market
You acknowledge and agree that the platform is currently unregulated in most jurisdictions. While there may be regulatory developments affecting the platformin the future, StocksFC does not guarantee or represent that it will always operate in compliance with any new or existing regulations. You are responsible for ensuring that your use of the platform and its services complies with applicable laws and regulations in your jurisdiction.
2.3 Trading and Gambling
By using the platform you acknowledge and agree that trading on the platform is not a form of gambling or betting. Trading on our platform is based on the exchange of digital assets between users, and it does not involve wagering or the placement of bets on the outcome of events, games, or contests. Consequently, StocksFC is not subject to any gambling or gaming regulations.
2.4 Risk Acknowledgment
By engaging in trading on our platform, you acknowledge that trading and holding stocks carry inherent risks, including but not limited to fluctuations in value, technological vulnerabilities, and potential loss of funds. You understand that StocksFC is not responsible for any losses you may incur as a result of your stock trading activities on the platform.
2.5 User Responsibility
As a trader, you are responsible for your own due diligence and decision-making when buying, selling, or trading on our platform. StocksFC does not provide investment, legal, or tax advice, nor does it endorse any specific project. You are advised to consult with professional advisors as necessary before engaging in any trading activities.
2.6 StocksFC Tokens Classification:
2.6.1 StocksFC tokens are not security tokens, as they do not possess the characteristics of regulated shares or debt instruments and do not provide liquid rights or obligations.
2.6.2 StocksFC tokens are considered utility tokens, granting users access to the platform's products and services. As such, they are not regulated in the EU.
2.6.3 StocksFC stocks do not meet the definition of electronic money under the Electronic Money Regulations 2011 (SI 2011 No. 99 Part 1 Regulation 3 (a)(i)(ii)). They are used solely within the proprietary exchange/game and cannot be used as a means of payment outside the platform.
2.6.4 StocksFC tokens are not exchange tokens, as they are not intended for use directly in exchanging goods or services within the platform.
By using StocksFC, users agree to the following conditions:
- Users will not create or participate in any secondary markets for StocksFC tokens.
- Users will not use or permit the use of StocksFC tokens outside the proprietary exchange/game.
- StocksFC tokens will not represent fiat currency nor be used to purchase goods or services outside the platform.
- StocksFC reserves the right to take necessary action against users who violate these conditions, which may include, but is not limited to, suspension or termination of their accounts.
Article 3 - Eligibility and Registration
By accessing and using the StocksFC Website and Services, you represent and warrant that you:
(a) are at least 18 years old or have reached the age of majority in your jurisdiction, whichever is older;
(b) have not been previously suspended or removed from using the Services;
(c) have the legal capacity and authority to enter into a binding agreement, such as these Terms and Conditions;
(d) are not a resident of, or accessing the Services from, any jurisdiction where the use of the Services is prohibited or restricted by law; and
(e) are not using the Services for any illegal or unauthorized purpose.
To access certain features of the StocksFC platform, you may be required to create an account ("User Account"). When creating a User Account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your User Account login credentials and for any activities that occur under your User Account. You must immediately notify StocksFC of any unauthorized use or security breach of your User Account.
StocksFC reserves the right to deny access to the Website or Services to any individual or entity at its sole discretion.
Article 4 - Intellectual Property
4.1 Ownership
All intellectual property rights related to the StocksFC Website, Services, and any related content, including but not limited to copyrights, trademarks, service marks, trade secrets, and patents, are owned by StocksFC or its licensors. Unauthorized use of any StocksFC intellectual property is strictly prohibited.
4.2 License
Subject to your compliance with these Terms and Conditions, StocksFC grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Website and Services for your personal, non-commercial use only. This license does not include any right to reproduce, distribute, publicly display, or create derivative works of any StocksFC content or materials, except as expressly permitted in these Terms or by applicable law.
Article 5 - User Conduct and Obligations
5.1 User Conduct
By accessing and using the StocksFC Website and Services, you agree not to:
(a) violate any laws, regulations, or third-party rights;
(b) engage in any fraudulent, deceptive, or misleading activities;
(c) infringe upon StocksFC's or any third party's intellectual property rights;
(d) provide false, inaccurate, or misleading information;
(e) engage in any activities that interfere with or disrupt the operation of the Website or Services;
(f) manipulate or interfere with the market or other Users' transactions; or
(g) use the Services for any illegal or unauthorized purposes.
5.2 User Obligations
As a User, you are responsible for:
(a) complying with these Terms and Conditions, Privacy Policy, and any Additional Terms;
(b) maintaining the security of your User Account and any devices used to access the Services;
(c) ensuring the accuracy and completeness of any information you provide to StocksFC;
(d) promptly updating your User Account information as necessary; and
(e) fulfilling any tax or reporting obligations that may arise from your use of the Services.
Article 6 - Termination
6.1 Termination by StocksFC
StocksFC may, in its sole discretion, terminate or suspend your access to the Website and Services, without prior notice or liability, for any reason, including but not limited to:
(a) breach of these Terms and Conditions;
(b) request by law enforcement or other government agencies;
(c) discontinuance or material modification of the Website or Services; or
(d) unexpected technical or security issues or problems.
6.2 Termination by User
You may terminate your User Account and access to the Website and Services at any time by contacting StocksFC's customer support. Upon termination, any stocks, currency or other assets held in your User Account may be subject to certain restrictions, and you may be required to complete certain transactions or fulfill specific obligations before your User Account is fully terminated.
Article 7 - Financial Authorization Status
This document and the terms contained herein have not been authorized or reviewed by any financial regulatory authority. You are responsible for ensuring that your use of StocksFC's Website and Services complies with all applicable laws and regulations in your jurisdiction.
Article 8 - Trading Name and Company Structure
StocksFC is a trading name and not a registered company. The platform is operated by Gemnex B.V., a company incorporated under the laws of the Netherlands, with its registered office at Fred. Roeskestraat 100, 1076 ED Amsterdam, Netherlands.
Article 9 - Risk Disclosure
The trading of digital assets involves significant risks, including but not limited to fluctuations in value, technological vulnerabilities, and potential loss of funds. You acknowledge and agree that you are solely responsible for assessing and managing the risks associated with your use of the Website and Services and that StocksFC is not responsible for any losses you may incur as a result of your activities on the platform.
Article 10 - Changes to the Terms and Conditions
StocksFC reserves the right to modify these Terms and Conditions at any time, in its sole discretion. Any changes will be posted on the Website and will become effective immediately upon posting. Your continued use of the Website or Services following the posting of any changes constitutes your acceptance of the modified Terms and Conditions.
Article 11 - Waiver of Right to Refund and EU Directive Right of Withdrawal
By using our Services, you acknowledge and agree to waive your right to receive a refund, including but not limited to the EU Directive on consumer rights. This waiver applies to your right to withdraw from this agreement within 14 days of entering into the agreement without giving any reason. To confirm your waiver of the right of withdrawal, you accept that by using StocksFC's Services, you are surrendering your right to refunds or withdrawals. Please note that this waiver applies to all transactions and services, including those that have been fully performed or completed during any applicable withdrawal period. If you have any questions, you may contact us at [email protected].
Article 12 - Jurisdiction and Arbitration
Any disputes arising out of or in connection with these Terms and Conditions, the Website, or the Services shall be resolved by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce. The arbitration shall be conducted in the English language and the place of arbitration shall be in Amsterdam, the Netherlands.
Article 13 - Corporate Users
If you are using the Website or Services on behalf of a corporation, you represent and warrant that you have the authority to bind the corporation to these Terms and Conditions. The corporation agrees to be bound by these Terms and Conditions, and any references to "you" or "user" in these Terms and Conditions shall be deemed to refer to the corporation.
Article 14 - Affiliate and Referral Terms
The terms and conditions for StocksFC's Affiliate and Referral Programs are set forth in separate agreements, which can be found on the Website. By participating in the Affiliate or Referral Program, you agree to be bound by the applicable terms and conditions.
Article 15 - Limitations of Liability
As provided in Article 7, StocksFC's liability to you is limited to the fullest extent permitted by applicable law.
Article 16 - Warranties Provided by Gemnex B.V.
Gemnex B.V. provides no warranties, either express or implied, in connection with the StocksFC Website or Services. The Website and Services are provided on an "as is" and "as available" basis without any representation, warranty, or condition of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Gemnex B.V. does not warrant that the Website or Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
Article 17 - Privacy Policy Reference
Your privacy is important to us. StocksFC's Privacy Policy, which governs how we collect, use, and disclose your personal information, is incorporated into these Terms and Conditions by reference. By using the Website or Services, you acknowledge and agree that you have read and understood the Privacy Policy and consent to the collection, use, and disclosure of your personal information as set forth in the Privacy Policy.
Article 18 - Effects of Termination
Upon termination of your User Account, whether by you or StocksFC:
(a) all rights and licenses granted to you under these Terms and Conditions will immediately cease;
(b) you must discontinue all access and use of the Website and Services;
(c) any stocks, currency or other assets held in your User Account may be subject to forfeiture, conversion, or other restrictions as determined by StocksFC in its sole discretion; and
(d) any outstanding payment obligations or liabilities you may have to StocksFC will become immediately due and payable.
Article 19 - Survival
Any provisions of these Terms and Conditions that, by their nature, should survive termination of your User Account will continue to apply, including but not limited to intellectual property rights, disclaimers, indemnification, limitations of liability, and dispute resolution.
Article 20 - Disclaimer of Warranties and Limitation of Liability
20.1 Disclaimer of Warranties
To the fullest extent permitted by applicable law, the StocksFC Website and Services are provided "as is" and "as available," without warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any warranties arising from course of dealing or usage of trade.
20.2 Limitation of Liability
In no event will StocksFC, its affiliates, or their respective officers, directors, employees, agents, licensors, or suppliers be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your access to, use of, or inability to use the Website or Services, even if StocksFC has been advised of the possibility of such damages. To the extent permitted by applicable law, StocksFC's total liability for any claim arising from or relating to these Terms and Conditions or your use of the Website or Services will be limited to the amount you have paid to StocksFC for the Services giving rise to the claim during the 12 months immediately preceding the event giving rise to the claim.
20.3 - Indemnification
You agree to indemnify, defend, and hold harmless StocksFC, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Website or Services, your violation of these Terms and Conditions, or your infringement of any intellectual property or other rights of StocksFC or any third party.
Article 21 – Scope
21.1 StocksFC (the "Service") is an online platform that enables registered users (the "User") to acquire and exchange digital assets that represent a real sports athlete's performance (the "Tokens"). The Service is available on the website app.stocksfc.com (the "Website") and allows its Users to buy, sell, or exchange virtual Tokens within the platform.
The StocksFC platform is a product developed, owned, and operated by Gemnex B.V., a company registered in the Netherlands. KVK Number 89195663, Address: 115, Fred Roeskestraat, 1076EE Amsterdam, The Netherlands.
For the avoidance of doubt, it is important to note that StocksFC is a product created by Gemnex B.V. and is not a separate legal entity. Furthermore, StocksFC is not a regulated financial services provider. When "purchasing a Token", users do not acquire any share in the sports athlete in terms of genuine equity tokens, nor do they own any tokens issued by or on behalf of the sports athlete, and nor do they have any ownership, proprietary or other rights over the actual sports athlete. The Tokens available on StocksFC are attributed to statistics of the in-game performance of the sports athlete only and not the sports athlete themselves.
All statistical sports game data, sports player images, sports player names, and club badge images are provided by an external sports data provider that has the right to use and provide the data to private clients. As a client of the data provider, StocksFC, as a product of Gemnex B.V., has the right to use this data.
The digital assets available on the StocksFC platform are not classed as securities, security tokens, commodities, or derivatives under EU and UK law.
21.3 These T&Cs and any specific promotion Terms and Conditions ("Promotion Rules"), apply without restriction or reservation to any use of the Services offered by the Service to consumers and non-professional Users on its Website. At the time the User chooses to sign-up to the Service, he/she fully and unconditionally accepts these T&Cs. By continuing to use the platform, the User signifies their acceptance of any updates or modifications to the Terms and Conditions. Users are responsible for regularly reviewing the T&Cs for any changes and are deemed to have accepted the updated or modified Terms and Conditions by continuing to use the platform after such changes have been posted.
21.4 By opening, logging into or otherwise using any part of the Service, you confirm that you have read, understand and agree to be bound by the Terms of Service (including, for the avoidance of doubt, these T&Cs and any applicable Trading Rules and Promotion Rules). We recommend that you print a copy of them for your future reference. If you do not agree with the Terms and Conditions, you must not click the acceptance button and you may not use the Service.
21.5 The User acknowledges that he/she has, in his/her country, the capacity to contract and to subscribe to the Service and declares that he/she has read and accepted the T&Cs by ticking the box provided for this purpose. The account creation by the User constitutes acceptance without restriction or reservation of these T&Cs.
21.6 Unless proven otherwise, the data recorded in the service provider's computer system constitutes proof of all transactions concluded by the User and the Service via the Website.
21.7 These T&Cs are accessible at any time on the website and will prevail over any other version or any other contradictory document.
21.8 As these T&Cs may be subject to subsequent modifications, the version applicable to the User's purchase is the one in force on the website on the date of placing the order.
21.9 The Service may contain links or content from third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. The Service is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by the Service of such Third-Party Services.
Article 22 – Secure Storage of User Funds with BitGo and Limitation of Liability
Introduction
At StocksFC, we prioritize the security of our users' funds. To provide the highest level of security and protection for your digital assets, we have partnered with BitGo, a leading digital asset custody and security company. This article outlines the measures we have taken to ensure the secure storage of user funds within BitGo's infrastructure, as well as our limitation of liability regarding the loss of funds.
BitGo: Industry-leading Digital Asset Custodian
BitGo is a pioneer in the field of digital asset security and has established itself as a trusted custodian in the industry. With its robust security infrastructure, BitGo provides institutional-grade custody services, ensuring that user funds are securely stored and protected against unauthorized access, theft, and other potential risks.
Multi-Signature Wallets
One of the key features of BitGo's security infrastructure is the use of multi-signature wallets. These wallets require multiple private keys to authorize transactions, adding an additional layer of security to protect user funds. This multi-signature approach minimizes the risk of a single point of failure and significantly reduces the chances of unauthorized access to user funds.
Limitation of Liability
While StocksFC takes reasonable measures to ensure the secure storage of user funds through our partnership with BitGo, we cannot guarantee the absolute security of your digital assets. By using our platform, you acknowledge and agree that StocksFC and its affiliates, officers, directors, employees, or agents shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if StocksFC has been advised of the possibility of such damages), resulting from the loss of funds, unauthorized access, or any other security breaches.
User Responsibility
As a user of StocksFC, you are responsible for taking appropriate measures to protect your account credentials and ensuring the security of your digital assets. This includes using strong, unique passwords, enabling two-factor authentication (2FA), and being cautious of phishing attempts and other fraudulent activities. By using our platform, you agree to indemnify, defend, and hold harmless StocksFC and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or related to the loss of funds or any security breaches involving your account.
Additional Security Recommendations
We encourage our users to stay informed about the latest security practices and developments in the digital asset industry. Regularly reviewing your account activity, updating your security settings, and being aware of potential threats can significantly reduce the risk of unauthorized access or loss of funds. In case of any suspicious activity or security concerns, please contact StocksFC immediately for assistance.
Article 23 – Account
23.1 Account Registration and Verification
To access and use the services provided by(the "Platform"), users are required to create an account (the "Account"). During the registration process, users must provide accurate email address, and any other information required by the Platform. The user is responsible for keeping their account information up-to-date. The Platform may require users to complete a Know Your Customer (KYC) process, which includes submitting identification documents and proof of address, in accordance with applicable laws and regulations.
23.2 Account Security
The user is solely responsible for maintaining the confidentiality and security of their Account login credentials, including their username and password. The user must not share their login credentials with any third party. The Platform shall not be held liable for any unauthorized access or use of a user's Account resulting from the user's failure to maintain the confidentiality of their login credentials. The user must immediately notify the Platform of any unauthorized access or use of their Account.
23.3 Account Suspension and Termination
The Platform reserves the right, in its sole discretion, to suspend or terminate a user's Account without notice if the user violates these Terms and Conditions, or if the Platform suspects any fraudulent, illegal, or unauthorized activity associated with the user's Account. The user may also be held liable for any losses incurred by the Platform or any other user of the Platform due to such activity.
23.4 Account Activity Monitoring
The Platform reserves the right to monitor and review all activity on a user's Account, including transactions, to ensure compliance with these Terms and Conditions and any applicable laws and regulations. The Platform may report any suspicious or potentially illegal activity to the relevant authorities without prior notice to the user.
23.5 Taxes
The user is solely responsible for determining any tax implications related to their use of the Platform and for reporting and remitting any taxes that may be applicable. The Platform does not provide tax advice and is not responsible for any user's tax obligations.
23.6 Account Inactivity and Dormancy
If a user's Account remains inactive for an extended period of time, as determined by the Platform, the Platform may charge an account maintenance fee or suspend the Account. The user will be notified of any such fees or suspension and will be given the opportunity to reactivate their Account.
23.7 Account Closure
A user may close their Account at any time by contacting the Platform's customer support. Upon closure of the Account, any remaining funds or assets in the Account will be returned to the user, minus any applicable fees, as long as the user is in compliance with these Terms and Conditions. The user must provide a valid withdrawal address for the return of their funds or assets.
23.8 The Service shall not be held liable for the loss or theft of a password by the User, or by the resulting account impersonation.
23.9 It is the User's responsibility to take all measures to secure access to this data.
23.10 If the User signs in with Google credentials (or any other OAuth2.0 authentication provider), he automatically agrees to our terms and conditions and certifies that he meets the age requirements by doing so.
Article 24 – Deletion
24.1 The User may, at any time, request the deletion of his/her account under the conditions set out by the Website by sending an e-mail addressed to [email protected].
24.2 The deletion of an account irreversibly leads to the deletion of all its data, as well as the associated Wallet.
24.3 If an account that is deleted contains tokens or currency at the time of deletion, StocksFC will notify the user that the account has funds attached to it before deleting the account. If the account is deleted, all tokens and currency will be permanently irretrievable.
24.4 The Service shall not be held liable, in any circumstances, for the loss of tokens arising from the User’s account deletion.
Article 25 - Deposits
25.1 Deposits: Transactions Overview
Deposits on StocksFC are transactions that occur between a user's StocksFC Wallet and an external address, bank account, or other payment methods provided by the user. These transactions facilitate the transfer of funds onto the platform.
25.2 Fiat Deposits (USD, EUR, GBP)
StocksFC accepts major fiat currencies, including USD, EUR, and GBP. Users depositing any fiat currency other than USD will have their funds automatically converted to USD at prevailing market rates. Users must ensure they have a compatible payment method (e.g., bank account, debit/credit card) for fiat deposits.
25.3 USDT Deposits
StocksFC accepts USDT for deposits. Any digital asset deposited other than USDT will be automatically converted to USDT or USDC, depending on the deposit type. Users are responsible for having a compatible USDT wallet and sufficient funds to cover transaction fees (e.g., gas fees).
25.4 Deposit Fees
StocksFC charges minimal fees for both fiat and USDT deposits. These fees are in addition to any fees charged by third-party services or payment processors. All applicable fees will be clearly displayed before users confirm the transaction.
25.5 Responsibility for Blockchain Fees
StocksFC is not responsible for fees incurred during USDT deposit transactions, such as gas costs. Users are responsible for covering these costs as part of the transaction process.
25.6 Responsibility for Correct Addresses and Currency Types
StocksFC is not liable for the loss of funds or assets if a user sends currency to the wrong address or sends an incorrect type of currency. Users must ensure the accuracy of the provided deposit addresses and confirm the type of currency being deposited before initiating the transaction.
25.7 KYC/AML Requirements for Deposits
StocksFC reserves the right to request that users complete a Know Your Customer (KYC) and/or Anti-Money Laundering (AML) verification process before making a deposit. Users must comply with these requirements as a condition of using the platform.
Article 26 - Withdrawals
26.1 Fiat Withdrawals (USD, EUR, GBP)
Users who deposit fiat currency can withdraw their balances back to fiat via supported payment methods such as Skrill, debit card, or credit card. Depending on the selected withdrawal method, USD held on StocksFC may be automatically converted into the user's local currency before processing the withdrawal.
26.2 USDT Withdrawals
Users who have deposited with USDT can withdraw their in-game cash balances in USDT at any time. USDT can be obtained within the platform through various activities, including rewards, selling stocks, and other in-game actions. Users must ensure they have a compatible wallet and sufficient ETH to cover gas fees for USDT withdrawals.
26.3 Platform-Selected Withdrawal Methods
StocksFC reserves the right to determine and select the withdrawal methods available to each user. The available withdrawal methods depend on the original deposit method used. For example, users who deposit fiat can withdraw in fiat, while users who deposit USDT or other digital assets can only withdraw in USDT. Factors such as the user’s location, payment preferences, withdrawal amount, and other relevant considerations may also affect the withdrawal options provided. By using the platform, users agree to comply with the available withdrawal methods offered to them.
26.4 Withdrawal Fees
StocksFC charges minimal fees for both fiat and USDT withdrawals. These fees are in addition to any fees charged by third-party payment services. All applicable fees will be clearly displayed before the user initiates a withdrawal.
26.5 Third-Party Service Fees
Third-party payment providers may impose additional fees for fiat and USDT withdrawals. These fees will be transparently displayed during the transaction process, and users must agree to them before proceeding.
26.6 In-game Token Withdrawal Restrictions
In-game tokens cannot be directly withdrawn from the StocksFC platform. To exit the platform or access funds, users must sell their in-game tokens on the marketplace in exchange for currency. The obtained currency can then be withdrawn from the platform in fiat or USDT, depending on the user’s deposit type.
26.7 KYC/AML Requirements for Withdrawals
StocksFC may require users to complete KYC and/or AML verification before processing a withdrawal. Users who fail to provide the necessary documentation or information may experience delays or be denied the withdrawal request.
Article 27 – Services
Article 27.1 – IPO (Initial Player Offering)
The Service offers tokens for sale by way of Initial Player Offering (IPO) in which the Service only sets a fixed price and quantity for the tokens issued. Users can buy IPO tokens at the set price before the IPO pool empties.
27.1.2 Once a user has purchased tokens from the IPO page, funds will be taken from the user’s account and the user is contracted to the purchase. The user cannot choose to reverse or cancel the purchase. StocksFC has the right to cancel an IPO token sale and return all user funds in the event of a game breaking bug, security issue, or other unforeseen circumstances; in this event, all tokens will be destroyed, and a new token could be minted in place.
27.1.3 The Service offers tokens for sale by way of Initial Player Offering (IPO) in which the Service only sets a fixed price and quantity for the tokens issued. Users can buy IPO tokens at the set price before the IPO pool empties or the sale deadline is reached.
27.1.4 New tokens for new players are regularly introduced to the service. StocksFC mints 100,000 tokens on the StocksFC blockchain for each new player. Once minted, the total supply of tokens for that player is fixed, making it technically impossible for one token to have a circulating supply exceeding the initial minted amount.
27.1.5 StocksFC may choose to destroy a portion of the newly minted tokens before they are listed for sale. The remaining tokens, after any destruction, will be listed for sale on the 'IPO' page. The total number of tokens available for sale will not exceed the remaining supply post-destruction. The sale listing will be visible for a fixed time period determined by StocksFC, with a countdown timer displaying the time left for the IPO listing.
27.1.6 When the specified duration of an IPO token sale ends or all tokens listed for sale are sold:
a. StocksFC will distribute tokens to the buyer's accounts within 72 hours.
b. All unsold tokens will be sent to a burn wallet address with no private key.
c. Tokens sent to the burn wallet will be classed as destroyed, as it is technically impossible to retrieve tokens from an account with no private key.
27.1.7 The platform operates on a fair and impartial basis, providing equal opportunities to both free and paid users to purchase tokens from an IPO. All purchases will be processed on a first-come, first-served basis without any discriminatory treatment towards any user.
27.1.8 The platform cannot be held liable for any technical issues such as server crashes or lag that may impede a user's ability to purchase tokens during an IPO. It is the responsibility of the user to ensure that their device and internet connection are functioning properly before participating in an IPO.
27.1.9 It is important for users to understand that there will be no refunds for any purchases made during an IPO. The platform will display a confirmation/warning prior to the execution of any IPO sale trade to ensure that users are fully aware of the permanent nature of their purchase.
27.1.7 Price Errors and Platform Protection
StocksFC reserves the right to correct any pricing errors that may occur during the IPO process. In the event of a pricing error, StocksFC may, at its discretion, cancel affected transactions and refund the affected users or take other appropriate actions to rectify the error. Users are responsible for reviewing the accuracy of their transactions before confirming them.
27.1.8 StocksFC makes reasonable efforts to ensure the accuracy and reliability of its services. However, the platform is not liable for any loss or damage incurred as a result of errors, inaccuracies, or delays in its services. Users are advised to exercise caution and verify information independently before relying on it for any decisions.
27.1.9 The user agrees to indemnify, defend, and hold harmless StocksFC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected to their use of the platform, their violation of these Terms and Conditions, or their infringement of any intellectual property or other rights of any person or entity.
27.1.10 Server Performance and Limitation of Liability
StocksFC does not guarantee uninterrupted, timely, or error-free access to its platform or services during an IPO or at any other time. The platform may experience server issues, slow performance, or downtime due to high user traffic, technical problems, or other factors beyond StocksFC's control.
StocksFC shall not be held responsible or liable for any loss, damage, or inconvenience suffered by users due to server issues, slow performance, or downtime during an IPO or any other period. Users acknowledge and accept the risks associated with using the platform and agree that StocksFC is not responsible for any direct or indirect consequences resulting from such risks.
27.2 Transfer Market
The StocksFC transfer market operates as a broker and facilitator, connecting buyers and sellers of tokens. The market activity on StocksFC is not regulated by any algorithms, bots, or liquidity providers. Instead, the market is controlled solely by the forces of supply and demand. StocksFC does not use any trading algorithms or other mechanisms to alter the prices or fluctuations of the tokens traded on the platform. Once tokens are purchased from StocksFC and held by traders, their value is determined by the interplay of supply and demand. StocksFC does not engage in any activities that would manipulate the market or influence price changes. The platform provides a fair and transparent marketplace for the trading of tokens, and the prices of these tokens are determined by the actions of buyers and sellers.
27.2.1 The Transfer Market is a platform provided by StocksFC that enables Users to buy, sell, place bids, and create orders for stocks using an orderbook system using currency for payment.
27.2.2 The Transfer Market operates as an exchange, allowing Users to trade directly with each other. StocksFC acts only as a facilitator and does not take any responsibility for the transactions that occur on the Transfer Market.
27.2.3 The value of stocks traded on the Transfer Market is determined solely by supply and demand and is not influenced by StocksFC. Users are responsible for their own decisions and actions related to buying, selling, bidding, and ordering stocks on the Transfer Market.
27.2.4 StocksFC is not responsible for any disputes, disagreements, or issues arising from transactions on the Transfer Market. Users are encouraged to use caution and exercise good judgment when participating in trades on the Transfer Market.
27.2.5 The Transfer Market may be subject to technical difficulties, such as server crashes or lag, which may prevent Users from successfully completing trades. StocksFC is not responsible for any technical issues that may arise and it is the responsibility of the User to ensure that their device and internet connection are functioning properly before participating in trades on the Transfer Market.
27.2.6 Stocks on the Transfer Market can only be purchased using USD or USDT. StocksFC is not responsible for any price changes or fluctuations in USD, USDT or stocks that may occur while a trade is executing or while an order is in the orderbook.
27.2.7 During the sale, and unless the Seller/buyer cancels the sale before it is completed, the token(s)/currency is /are no longer accessible by its owner. At the end of the sale, the token(s)/currency is /are automatically transferred to the matching buyer/seller.
27.2.8 It is expressly agreed that payment for the tokens will be made using the currencies supported by the Service. Payment will be made concurrently with the transfer of the tokens to the buyer.
27.2.9 StocksFC is not responsible for any errors, bugs, or loss of funds caused by the smart contracts or orderbooks used in the platform. Users acknowledge and agree that they use the platform at their own risk, and StocksFC will not be held liable for any issues that may arise from the use of smart contracts or orderbooks, including but not limited to, technical errors, bugs, or issues related to the blockchain network.
27.2.7 Trading Fees
Every time a trade is executed and an order is matched on the Transfer Market, StocksFC charges a fee from both the buyer and the seller. These fees will be displayed to the users before the trade is submitted, and users must agree to the fees before confirming the transaction. The fees collected by StocksFC are split among the wallets listed in the whitepaper.
27.2.8 Fee Disclosure and User Consent
StocksFC is committed to providing a transparent trading experience for its users. All applicable fees for a transaction, including those charged to both the buyer and the seller, will be clearly displayed before the trade is submitted. By confirming the transaction, users agree to pay the displayed fees as part of the trade execution.
27.2.9 Fee Updates and Changes
StocksFC reserves the right to modify, update, or change its fee structure at any time, in its sole discretion. Any changes to the fee structure will be communicated to users through the platform, and users are responsible for reviewing and understanding the updated fees before submitting any trades. Continued use of the platform and participation in the Transfer Market constitutes acceptance of any updated fee structure.
Article 28 – User-to-User Orderbook Trading System
28.1 Orderbook Overview
The StocksFC platform offers a user-to-user orderbook trading system, allowing users to place buy and sell orders for tokens at their desired prices. This system facilitates the exchange of tokens between users based on their respective buy and sell orders.
28.2 User Responsibility
Users are solely responsible for their actions and decisions when using the orderbook trading system. Users must ensure the accuracy and appropriateness of their orders, considering factors such as token type, quantity, and price before submitting an order.
28.3 Order Execution and Confirmation
Orders placed within the orderbook trading system are executed when a matching buy or sell order is found. Users must review their order details and confirm their accuracy before submitting an order. StocksFC is not responsible for any errors or inaccuracies in user orders.
28.4 Limitation of Liability
StocksFC provides the orderbook trading system as a service to its users and is not responsible for the outcome of any trades or transactions conducted within the system. StocksFC is not liable for any losses, damages, or other negative consequences resulting from user decisions or actions within the orderbook trading system.
28.5 Orderbook System Availability
StocksFC does not guarantee the continuous, uninterrupted, or error-free availability of the orderbook trading system. Users acknowledge and accept the risks associated with using the platform, including the possibility of technical issues, downtime, or other disruptions that may affect the orderbook trading system.
28.6 No Responsibility for User Transactions
StocksFC is not responsible for monitoring or overseeing user transactions within the orderbook trading system. Users are solely responsible for their transactions and must exercise due diligence when entering into a trade with another user. StocksFC is not liable for any disputes or conflicts arising from user transactions within the orderbook trading system.
28.7 Compliance with Laws and Regulations
Users must ensure that their actions and transactions within the orderbook trading system comply with all applicable laws and regulations in their jurisdiction. StocksFC is not responsible for ensuring user compliance and is not liable for any legal consequences that may arise from user actions within the orderbook trading system.
Article 29 – Market Liquidity
29.1 StocksFC does not guarantee or assume responsibility for providing liquidity on the transfer market, nor does it place buy and sell orders on the transfer market, except for buyback offers as detailed in Article 30 and the whitepaper The transfer market operates solely as a user-to-user marketplace. Consequently, StocksFC shall not be held liable in the event that a user is unable to sell their token on the market due to a lack of available buy or sell offers. Users are responsible for assessing the liquidity of the market and making informed decisions when engaging in transactions on the transfer market.
Article 30 - Buyback
30.1 The buyback mechanism is the sole liquidity provision that StocksFC is responsible for on the market. For each token sold through an IPO, StocksFC will create a buy order at 5% of the token's IPO price. This establishes a price floor for every token, ensuring that users always have the option to sell their tokens back to the platform. This provision demonstrates StocksFC's commitment to maintaining a fair and transparent trading environment for its users.
30.2 In the event of a career-ending injury, imprisonment, death, or any other circumstances that prevent a player from participating in football again, the buyback order will remain active for 60 days. This provides users with an opportunity to sell their tokens back to the platform during this period. After the 60-day window, the buyback order will be removed, making it impossible to sell the token back using the buyback option on the exchange. Additionally, the transfer market for the affected player will be closed, and all associated tokens will be destroyed.
30.3 All tokens sold back to the platform using the buyback option will be permanently destroyed by being sent to the burn wallet. This ensures that these tokens are removed from circulation and cannot be traded or exchanged in the future.
30.4 StocksFC is under no obligation to buy back users' tokens, except when utilizing the buyback order provided by StocksFC. Once the buyback order is removed, StocksFC's obligations to repurchase the tokens will cease, and users will no longer have the option to sell their tokens back to the platform through the buyback mechanism.
Article 31 – Transfer and exchange
Given the digital nature of the tokens, Users don’t have the possibility to withdraw their tokens from the Service's account. Users can only exchange their tokens against currency on the Marketplace, provided by the Service. The currency can then be withdrawn by the User from his/her wallet and transferred to an external address or sold via the third-party payment provider.
Article 32 - Tax Implications of Currency Withdrawals
Users are advised that withdrawing currency from the service may be considered taxable income, subject to tax and social contributions, depending on their location and applicable regulations. StocksFC is not responsible for providing any tax advice or guidance to users. Users are solely responsible for determining and fulfilling their tax obligations arising from their transactions on the platform.
Article 33 - User Responsibility for Tax Compliance
It is the sole responsibility of users to familiarize themselves with and adhere to the tax laws and regulations applicable in their jurisdiction. StocksFC is not responsible for providing information regarding tax regulations in any territory, nor is it liable for any losses arising from users' non-compliance with their local tax obligations. Users are encouraged to consult with a tax professional or legal advisor for guidance on their specific tax situations.
Article 34 - Incorrect Withdrawal Addresses
StocksFC is not responsible for any loss of funds or other issues arising from users entering incorrect blockchain withdrawal addresses. It is the user's responsibility to ensure that they provide the correct withdrawal address when initiating a withdrawal request. Users are advised to double-check and confirm the accuracy of the withdrawal address before submitting the request. In case of any errors, StocksFC will not be held liable for the recovery or reimbursement of any lost funds due to incorrect withdrawal addresses provided by users.
Article 35 – Disputes on the Marketplace
35.1 As part of its Marketplace service, the Service acts as a mere intermediary between Sellers and Buyers. As such, the Service shall not be held liable for damages caused by a sale, due to the price or an act done by one of the parties and any sale is final and will not be reversed by the service or any party.
35.2 In addition, the services provided through the Marketplace take place only between the Buyer and the Seller. The Service’s responsibility cannot be incurred in respect of such services from which the Service is unconcerned.
Article 36 – Liability of the Users
36.1 The User guarantees the Service against any breach, exceeding the foreseeable risk, that could result from the use of the Service by a User.
36.2 The User undertakes to use the Service only in accordance with the T&Cs and Trading Rules. It is not authorized to reconstruct the Service, decompile, disassemble or circumvent the technical restrictions it contains, except to the extent that such operations would be permitted by applicable laws. It is also prohibited to lend, rent, lease, resell, transfer or host the Service to or for third parties, unless expressly authorized by the Service.
36.3 The User guarantees the Service against fraudulent, unfair or bad faith use of the service, in particular if this interferes with the use of the service by other Users.
36.4 By using our Service, the user certifies that he/she is at least 18 years old.
36.5 The user must comply with the Anti-Money Laundering (AML) regulations. For deposits and withdrawals using fiat currency, the AML process will be completed via the third party payment processor when withdrawing or depositing currency on the service. StocksFC will also require users to complete an independent Know Your Customer (KYC) protocol in the case he/she deposits or withdraws an amount above ETH equivalent of £2,000. In this case, the User will have to go through the following identification process:
36.6 StocksFC’s third party partner will conduct the AML and KYC procedures on our behalf or
We may request the following documents from you (the User) in order for us to be compliant with AML regulations:
a copy of your national identity card OR your passport OR your driving license (must be within date);
a proof of address, no more than one-year-old (water, gas, electricity, internet or phone bill, or a tax receipt);
These documents must be within the dates of validity and the copies must be of high enough quality as to clearly show the information present. These have to be sent to the StocksFC by an e-mail addressed to [email protected].
The User will have 30 days to provide us with the requested documents. During this period, any withdrawal attempts may be temporarily paused. If the user is unable to provide the necessary information within the allotted time, their account may be subject to a 30-day freeze. If, after this period, we have not received the requested documents, the User's account on StocksFC may be permanently closed in accordance with paragraph 6.0.6 of these T&Cs. Please note that we reserve the right to assess each case individually and may not necessarily enforce these measures in every situation.
36.7 The Service reserves the right to suspend or delete a user's account in violation of these T&Cs, without prior notice or compensation.
36.8 By using our Service, the User further confirms and agrees that he/she:
is not acting on behalf of, or in conjunction with, another party when using our Service;
will keep his/her Account details up-to-date in terms of the following: first and last name, valid e-mail address;
has provided information that is true, complete and correct in the registration process;
will not open more than one Account with us;
will not, as the Account Holder, permit any other person to access, use, deposit money into, trade from his/her Account;
will not post online any content or images that is/are in any way unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise damaging to the reputation of StocksFC (including on any social media platforms);
has not been excluded by StocksFC;
will only deposit his/her own funds into his/her Account and, in particular, he/she will not use funds borrowed or loaned from another person or company, or any bank, credit or lending facility, to trade on the platform or deposit money into his/her Account.
36.9 The availability of our Service does not constitute an offer, solicitation or invitation by us for the use of our Service in any jurisdiction in which such use is prohibited by law. We shall not be liable for any breach of any local, national, federal, state or other laws that may occur as a result of the User using the Service.
36.91 The User is only allowed one open logged-in session to his/her Account at any given time.
36.9.2 Multiple Account Restrictions
A user is strictly prohibited from owning or using more than one account on StocksFC at any given time. This restriction is in place to maintain a fair and transparent platform for all users and to prevent potential market manipulation, fraudulent activities, or any other actions that may undermine the integrity of the platform.
Users found to be operating multiple accounts may face the following consequences:
Immediate suspension or permanent closure of all associated accounts.
Confiscation and/or redistribution of any tokens or currency held within the associated accounts.
Possible legal action if it is determined that the user engaged in fraudulent activities or other actions that violate StocksFC's Terms and Conditions or applicable laws.
StocksFC reserves the right to monitor user activity to identify potential multiple account holders and take appropriate action to ensure compliance with this policy. Users are strongly advised to maintain only one account and abide by StocksFC's Terms and Conditions at all times.
If the User is found to have breached any of the Terms of Service:
(a) any Order he/she may have placed or tokens he/she may own, at the applicable time, may be cancelled, and StocksFC may withdraw the Service and terminate his/her account;
(b) there will be no obligation on StocksFC to pay any sums to the User which might otherwise have been payable in respect of any order he/she placed or tokens he/she owns; and
(c) we may refer the matter to the police, crime prevention bodies, guardians, and/or family members, or any appropriate regulatory authority.
6.0.11 When opening an Account, the User confirms that he/she understands and agrees that there is no requirement on him/her to use the Service, and such participation, if elected by him/her, is at his/her sole choice, discretion and risk; and
6.0.12 If he/she has a query relating to his/her Account, it is his/her responsibility to notify us at the earliest opportunity, providing as much information as we may reasonably require.
Article 37 – Liability of the Service
Article 37.1 – Service content
37.1.1 As a hosting provider, the Service is subject to a limited liability regime as provided by the EU Directive of the 8 June 2000 (2000/31/EC) on E-commerce.
37.1.2 Therefore, the Service cannot be held liable for the content released by the Users as well as the contents exchanged between them and gives no guarantee, express or implicit, in this respect. The Service is a third party to Users’ relationships and thereby excludes any liability in this regard.
Article 37.2 – Holding and segregation of digital currencies and assets
37.2.1 As the owner of Digital Currency reflecting in your StocksFC Account Balance, StocksFC shall not be held liable for fluctuations in the fiat currency value of your Digital Currency and Digital Assets (tokens), linked to your StocksFC Account.
37.2.2 The Digital Currencies in your StocksFC Account Balance are the property of the users. StocksFC does not treat assets and funds in a user’s account as property of the service. Except as required by a facially valid court order, or except as provided herein, StocksFC will not sell, transfer, loan, hypothecate, or otherwise alienate Digital Currency in your Account Balance unless instructed by you or compelled by a court of competent jurisdiction to do so.
37.2.3 In order to securely hold customer Digital Currency, StocksFC may use shared blockchain addresses, controlled by StocksFC, to hold Digital Currencies held on behalf of customers and/or held on behalf of StocksFC. Customers’ Digital Currency is segregated from StocksFC’s own Digital Currency or funds by way of separate ledger accounting entries for customer and StocksFC’s shared Digital Currency wallets. StocksFC’s funds can refer to StocksFC’s capital, commissions taken on trades or other potential income sources, but never to the Digital Currency funds of the traders and reward wallet balances which are kept under escrow. Notwithstanding the foregoing, StocksFC shall not have any obligation to use different blockchain addresses to store Digital Currencies owned by you and Digital Currencies owned by other customers or by StocksFC.
37.2.4 StocksFC is under no obligation to issue any replacement Digital Currency or other Digital Assets (tokens) in the event that any password is lost or stolen or account is breached by a malicious user.
Article 37.3 – Limitation of Liability
37.3.1 Commitment to Service Quality
StocksFC is dedicated to providing the highest quality services to its users. However, our commitment is limited to a best-effort obligation, and we cannot guarantee that our services will be error-free or without disruptions.
37.3.2 Limitation of Liability for Damages
In the event of service failure, StocksFC shall only be liable for direct and reasonably foreseeable damages, unless otherwise stipulated by law or regulation. Any indirect damages resulting from the failure or use of our services are expressly excluded. Unless mandated by law or regulation, our liability shall not exceed the total amount invoiced to the user by StocksFC during the last twelve months.
37.3.3 Exclusions of Liability
StocksFC shall not be held liable for:
Breakdowns or malfunctions of the services offered that are not attributable to StocksFC;
Loss of user data not caused by StocksFC;
Unauthorized or unlawful use of the services provided by a third party or user;
Direct or indirect damages resulting from the use of the services offered;
Malfunctions or cyberattacks affecting the platform;
Adverse events during token trading, both during the process and when determining floor and final prices;
Instances of force majeure, including failures of the blockchain protocol used to run the service.
Users are encouraged to take appropriate measures to safeguard their accounts and digital assets, such as using strong passwords, enabling two-factor authentication, and being vigilant against phishing attempts and other potential security threats.
Article 38 – Intellectual property
Article 38.1 – Users’ content
38.1.1 The User grants to the Service the right of exclusive exploitation, transferable, sublicensable, free of charge, for the whole world on the content he/she produces on the Service.
38.1.2 The rights thus granted include the right to reproduce, represent, distribute, adapt, modify, create a derivative work, translate all or part of the content by any means, in any form whatsoever and on all media known or unknown to date as part of the service of the Service or in line with its activities, and this for commercial purposes or not and advertising, as well as to broadcast on social networks that the Service uses.
Article 38.2 – Service content
38.2.1 All intellectual property rights on the website content, excluding the Users’ generated content, are the Service property. They are provided free of charge within the exclusive framework of the use of the Service. Therefore, any use of these contents without the prior permission of the Service is unlawful.
38.2.2 The Service is the service’s database producer. Any unauthorized extraction or reproduction is prohibited.
Article 39 – Our right to change the service and amend the Terms and Conditions
39.1 We may amend the Service. Although we cannot predict all the changes that we may make, those changes may include:
changing the Trading Rules to implement new features and/or remove existing features of the Service
changing the Trading Rules with a view to (in our opinion) enhancing the Service as a whole.
39.2 Users agree with the fact that they are responsible for checking the trading rules from time to time and that we don’t have to notify any change to them in advance. If he/she has a query relating to a change in the trading rules, it is his/her responsibility to notify us at the earliest opportunity, providing as much information as we may reasonably require by sending an e-mail addressed to [email protected].
39.3 The Service reserves the right to modify or stop the accessibility of all or part of the services and/or the Website or Applications at any time.
39.4 The Service reserves the right to modify, at any time, all or part of the T&Cs. Users' use of the Service constitutes their acceptance of the T&Cs amendment. The applicable version of the T&Cs is the latest version published on the date of use of the services offered by the Service.
39.5 The User’s continued use of the Service after any such changes are implemented constitutes his/her acceptance of the amended Terms & Conditions. If he/she does not agree to (or cannot comply with) the Terms & Conditions as amended, he/she must not use the Service, and he/she must either: (a) immediately place any tokens he/she holds for sale, then cease his/her use of the Service and notify us as soon as practicable that he/she wishes to close his/her Account; or (b) notify us as soon as practicable so that we can sell his/her tokens and close his/her Account.
Article 40 – Risk Disclosure and Limitation of Liability
General Risk Acknowledgement
By using the services provided by StocksFC, you acknowledge and agree that trading, holding, or investing in digital assets, including, tokens, and other digital representations of value (collectively referred to as "Digital Assets"), carries inherent risks. Such risks include, but are not limited to, fluctuations in market value, technological vulnerabilities, regulatory changes, and potential loss of funds. You further acknowledge that you are solely responsible for assessing the risks associated with trading and holding Digital Assets and that StocksFC is not responsible for any losses incurred as a result of your use of its services.
Market Volatility
The value of Digital Assets can be highly volatile and may experience significant price fluctuations over short periods of time. The market for Digital Assets is subject to various external factors, including but not limited to, market demand, technological advancements, regulatory developments, and global economic conditions. You acknowledge and agree that StocksFC is not responsible for any losses that may occur due to these or other market factors.
Technical Risks
The trading and holding of Digital Assets involve technological risks, such as the risk of software or hardware failures, cybersecurity breaches, and system outages. While StocksFC takes reasonable precautions to protect the security and integrity of its platform, you acknowledge and agree that StocksFC shall not be liable for any losses resulting from technical issues beyond its control.
Regulatory Risks
Digital Assets are subject to various legal and regulatory requirements, which may change over time. Such changes can have a significant impact on the value or liquidity of Digital Assets. By using the services provided by StocksFC, you acknowledge and agree that StocksFC is not responsible for any losses resulting from regulatory changes or other legal developments affecting the Digital Assets market.
Article 41 - Risks Associated with Third-Party Services
In addition to the general risks associated with trading and holding digital assets, users should be aware of the potential risks associated with using third-party services integrated with or utilized by StocksFC. These risks may include, but are not limited to:
Reliability and security vulnerabilities of third-party services, which could lead to loss of funds, unauthorized access, or other adverse consequences;
Changes to third-party services' terms and conditions, policies, or fees, which may impact your ability to use their services or affect your financial transactions;
Disruptions or discontinuations of third-party services, which may cause temporary or permanent disruptions to your trading activities or access to your digital assets;
Potential conflicts of interest, as third-party service providers may have their own interests, which may not always align with those of StocksFC or its users.
By using StocksFC and any third-party services integrated with or utilized by our platform, you acknowledge and agree that StocksFC is not responsible for any losses or damages resulting from your use of these third-party services. You further agree to review and abide by the terms and conditions, policies, and any applicable fees of these third-party service providers.
To mitigate potential risks associated with third-party services, we recommend that users conduct their own research and due diligence before using such services, stay informed about any changes or updates to their terms and conditions, and take appropriate measures to safeguard their accounts and digital assets.
Article 41 - Limitation of Liability
In no event shall StocksFC, its affiliates, officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if StocksFC has been advised of the possibility of such damages), resulting from your use of the services, including the trading, holding, or investing in Digital Assets.
By using the services provided by StocksFC, you agree to indemnify, defend, and hold harmless StocksFC and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or related to your use of the services, including the trading, holding, or investing in Digital Assets.
Article 42 – Non-Waiver
42.1 Preservation of Rights
Failure by StocksFC to enforce any obligation under these Terms and Conditions at any time will not constitute a waiver of our right to enforce such obligations in the future.
42.2 Severability
If any provision of these Terms and Conditions is deemed invalid or unenforceable, the remaining provisions shall remain valid and enforceable, and the invalid or unenforceable provision shall be considered replaced by a valid and enforceable provision that most closely reflects the original intent of the parties.
Article 43 – Jurisdiction and Applicable Law
43.1 Governing Law and Consumer Rights
These Terms and Conditions are governed by and shall be interpreted according to the laws of the Netherlands and the European Union. Nothing in this document shall affect your rights as a consumer to rely on any mandatory provisions of local law or legal rights.
43.2 Dispute Resolution
In the event of a dispute arising between StocksFC and a user, the user is encouraged to contact our Customer Service Department at the following email address: [email protected]. Please include your contact details and provide any relevant information that will help us understand the origin and implications of the dispute. We will make reasonable efforts to resolve any disagreements amicably and in a timely manner.
43.3 Arbitration
If a dispute between StocksFC and a user cannot be resolved through direct communication with our Customer Service Department, both parties agree to submit the dispute to binding arbitration. The arbitration shall be conducted in accordance with the rules of the or any other recognized arbitration institution mutually agreed upon by the parties.
44.3.1 Selection of Arbitrator
The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator within 30 days of the initiation of the arbitration process, the selected arbitration institution shall appoint the arbitrator.
44.3.2 Arbitration Proceedings and Award
The arbitration proceedings shall be conducted in English, and the arbitrator shall render a written, reasoned decision. The arbitrator's award shall be final and binding on the parties, and any judgment on the award may be entered in any court having jurisdiction over the matter.
44.3.3 Costs and Expenses
Each party shall bear its own costs and expenses related to the arbitration, including attorney's fees. However, the arbitrator may, in their discretion, award the prevailing party reimbursement of reasonable attorney's fees and other costs incurred in the arbitration.
44.3.3 Disclaimer Regarding Approval and Investment Risk
This document has not received approval from any authorized individual or entity. Relying on this document to engage in investment activities may result in significant risks, including the potential loss of all invested funds. This document does not represent an agreement for the offering of digital currencies, commodities, or securities, nor does it require registration or approval from any financial regulatory authority.
If you are uncertain about the contents of these terms and conditions or the appropriate course of action to take, we strongly recommend seeking guidance from a qualified professional, such as a stockbroker, bank manager, solicitor, or independent financial advisor.