Article: 1. TERMS AND CONDITIONS (ToS)
The goal of this page is to clarify the Terms and Conditions of JNacho and how JNacho as a company is ran. This page clarifies in an informal way the setup and the legal information necessary for you to get a clear understanding and provide you a way to find information which any company is obligated to give in Belgium.
JNacho is a business that is being managed by another company with the name GROW BV. GROW BV is a management company taking care of administration and financial tasks to save ‘JNacho-service’ extra work. Therefore all general terms and conditions of GROW BV, which you will find by clicking here, apply. For proof of JNacho being managed by GROW BV, you can click here. Things you will find in above mentioned Terms and Conditions are, but not limited to:
- Legal information
- Orders and advanced payments
- Use of services and goods
- Terminations of services
- Handeling of personal data
- Force Majeure
- Ownership and Risk
- Right of Retention
‘JNacho’ acts in name of GROW BV but ‘JNacho’ is not a separate legal entity upon itself because GROW BV is managing JNacho. In legal terms: GROW BV is JNacho and JNacho is GROW BV as they are not separate legal entities. For reading and marketing purposes of this specific service, GROW BV hereinafter will be referred to as ‘JNacho’.
On top of the general terms and conditions subjected by GROW BV documented above (which lets be honest, 95 percent are not interested in or even read it because it is legal “mumbo jumbo” and generally are accepted by everyone) below are some extra conditions on top of the ToS mentioned above that are important for the JNacho giving its entertainment service specifically:
Article: 2. JNACHO ToS ADDITIONS
JNacho is an online community for gamers that want to become better at video games or life, have fun and people that want to learn about life coaching, security or PC software and hardware. JNacho social media content is a service for entertainment and educational purposes only. Therfore by typing in the chat of JNacho or any of the platforms JNacho is present on, you agree that what you say if present in the livesteam, recording, post or video is okay to be on the internet and will not be removed. All communication can be used for creating VOD’s / clips / highlights on twitch or video’s on YouTube. (or any other platform JNacho wishes to use) because you agree to these terms by chatting during the livestream, commenting on the video or by joining the Discord. Before you say anything that is streamed to this channel, be aware that this can be used for creating content (so your username will be visible) / your voice / video will be seen and heard. We will handle data / information at utmost care but by communicating with JNacho you agree that what you communicate can be used to create content on whichever platform JNacho desires.
In case you are in a collaboration with JNacho and you would like your content to be removed after it has been streamed or posted, this can be agreed upon but needs to happen upfront before the content posting takes place and not after. A good example for a use case like this is an eSports coach that coaches JNacho regularly but does not want the coaching content itself to stay live as it might disrupt the business they are in. Therefor it is agreed once the stream is done to make the video private so it can only be used for personal use and growth of JNacho as per their Terms Of Service.
In case something happens on stream that jeopardizes personal information or content that might harm an individual (that is not “chat” or “comment” based but for example an accidental IP leak while streaming or someone accidently walks in naked while streaming) we do not have the power to immediately remove such content as in a livestream “the show must go on”. We are bound by the same limitations of the platforms we use and will decide the best course of action on how to damage control what event just happened after the stream as quickly as possible. JNacho livestreams cannot be rewinded while live (as that technical option is disabled by us) so only people who were watching the live content were able to witness the specific event. There is no set rule to, for example: remove the stream entirely or to just cut the event part that happened out as the limitations of the platform might change the content from being “a livestream” which has its own unique features to a “video” which will harm JNacho performance or extra functionality on the stream platform. An exact decision will be made once the stream is over based on the event that took place and executed immediately.
Article: 2.1 Not a counseling and medical services platform
JNacho does not provide any medical services or professional counseling, and is not a substitute for professional medical care. JNacho is here for educational and entertainment purposes only. JNacho and some of the supporters are not trained medical professionals and in case you or a loved one are experiencing an emergency, please call your nation’s emergency telephone number. We will always advise to see a local professional in case of mental health issues.
Article: 3. DONATION
Donations are final and are not returned. By donating and completing the transaction you hereby certify that you are the rightful owner of the funds being donated. Donations cannot be withdrawn or charged back.
Article: 3.1 Self-Promo
Self promotion is prohibited unless clearance by JNacho himself. This explicitly means donating with an advertisement to play a notification on a livestream or self-promotion in comment sections / chat is prohibited. You agree that if you donate and self-promo inside of your donation (for example, through the optional text, or media you can include), the notification that is played in the video will be skipped / stopped unless you have explicit approval of JNacho WITHOUT and reimburse of the donation.
Article 4: Discord
If you make use of the Discord server of JNacho, you must agree to the rules of said Discord server you can find under #rules and agree to them by clicking on a number in the #verify channel of said Discord server. Because you are using a third-party service, you also agree with Discord ToS you can find by clicking here. If you do not agree with aforementioned #rules or the Discord ToS you cannot make use of this service.
Article 5: MISCELLANEOUS
Any nullity or invalidity of any of these terms shall not invalidate or impair any of the other terms or the agreement itself.