POINTCROW LLC | TERMS OF SERVICE (TOS)

Effective Date: June 30, 2025

Welcome to Nuzlocke.in!

This website, nuzlocke.in, is operated by PointCrow LLC, a California company based in Studio City (“PointCrow,” “we,” “us,” “our”). The site serves as an information hub for PointCrow-hosted livestream tournaments and related community spaces (collectively, the “Site”).

Acceptance of Terms. By accessing or using this Site after the Effective Date, you agree to these Terms. If you are under 18, a parent or legal guardian must review and accept them with you. If you do not agree, please do not use the Site.

Minimum Age. You must be at least 13 years old to use the Site. If you are between 13 and 18, you may do so only with permission from a parent or legal guardian. We do not intentionally collect personal information from anyone under 13, and any such data discovered will be deleted.

U.S. Audience. The Site is controlled from the United States and directed to a U.S. audience. You are responsible for compliance with all local laws that apply to you.

Changes to Terms. PointCrow may revise these Terms at any time. If a change materially affects your rights or obligations, we will post a notice on the Site or, when possible, email you at least seven (7) days before the change takes effect. Your continued use of the Site after the effective date means you accept the updated Terms. Updates required by law apply immediately upon posting.

Merchandise Sales. Merchandise sales are handled by Fourthwall and are subject to Fourthwall’s own store terms. Tournament gameplay is governed by the official rules posted at https://nuzlocke.in/rules. If a rule conflicts with these Terms, the specific rule controls for tournament participants.

I. CONTENT OWNERSHIP & LIMITED LICENSE

All text, graphics, logos, artwork, video clips, and other material appearing on the Site (“Content”) are owned by PointCrow or its licensors and are protected by U.S. and international intellectual-property law. Pokémon and related imagery are trademarks of Nintendo, Game Freak, and The Pokémon Company. PointCrow is not affiliated with, sponsored by, or endorsed by those entities. References to their marks are solely for nominative-fair-use identification.

PointCrow grants you a personal, revocable, non-exclusive, non-transferable license to access and display the Site for non-commercial entertainment. You may share unaltered links or embed official PointCrow tournament streams provided you do not misrepresent, modify, or commercialize them.

You agree not to:

• copy, distribute, publicly perform, or create derivative works from the Content except where legally permitted;
• remove trademark, copyright, or attribution notices;
• use the Site or Content for commercial gain without PointCrow’s written consent;
• imply sponsorship or endorsement by Nintendo, Game Freak, or The Pokémon Company;
• reverse engineer, decompile, interfere with, or disrupt Site functionality.

Breaching these limits automatically terminates the foregoing license and may lead to suspension of your ability to participate in PointCrow-controlled chats or tournaments, except that lawful, unaltered archival copies you already created before the breach may remain in your personal possession for private, non-commercial use.

II. USER CONTENT & CONDUCT

“User Content” means any text, images, video, audio, links, or other material you transmit on or through the Site or PointCrow-controlled community spaces (e.g., Twitch chat, Discord).

You remain the owner of any User Content you post. By submitting it, you give PointCrow a non-exclusive, worldwide, royalty-free license to display, reproduce, adapt, distribute, and create derivative works from that content in live broadcasts, replays, highlight compilations, promotional pieces, and any related medium, present or future. This permission continues even if you later delete the original post, because past streams and routine backups may still contain it.

You acknowledge that PointCrow may monetize broadcasts, replays, highlight compilations, and promotional materials that include your User Content. Monetization may occur through advertising, sponsorships, paid subscriptions, merchandise, or any other lawful method. You waive any right to compensation, accounting, or attribution beyond what appears during the original submission.

While using the Site or community spaces you shall:

• treat other users with respect (e.g., no harassment, hate speech, or discriminatory language);
• avoid obscene, pornographic, or excessively violent material;
• refrain from spamming, scamming, or posting malicious code;
• respect intellectual-property rights (e.g., no unlicensed uploads);
• comply with all laws and rules posted at https://nuzlocke.in/rules;
• never facilitate or promote monetary betting, gambling, or wagering on match outcomes.

PointCrow may, but need not, monitor User Content. We may remove content or ban users in our sole discretion and without prior notice. You alone are responsible for interactions with other users.

III. EXTERNAL SERVICES & DONATIONS

The Site links to or embeds third-party services such as Twitch, YouTube, Discord, and Fourthwall (the merchandise store). Your use of any third-party service is governed solely by that provider’s terms and privacy policy.

As between you and PointCrow, you retain any rights you hold in data that originates from you and passes through a third-party service. PointCrow disclaims all responsibility for third-party availability, security, pricing, fulfillment, and content.

Voluntary monetary support (e.g., Twitch Bits, channel subscriptions, YouTube Super Chats, or similar) is processed by the relevant platform and is non-refundable. Such contributions do not purchase goods, services, or tournament advantages from PointCrow.

Physical products marketed on the Site are sold exclusively through PointCrow’s store on Fourthwall. All orders, payments, returns, and customer-service matters for merchandise are governed by Fourthwall’s store terms.

IV. INDEMNITY & RELEASE

User Indemnity. You agree to defend, indemnify, and hold harmless PointCrow LLC and its officers, directors, employees, and agents from any third-party claim, demand, loss, or expense (including reasonable attorneys’ fees) arising out of or related to your User Content, your use of the Site, or your breach of these Terms.

PointCrow Indemnity. PointCrow will defend and indemnify you against any claim that the Site, as provided by PointCrow and used in accordance with these Terms, directly infringes a United States copyright or trademark, except to the extent the claim is based on content supplied by you or any third party or on your modification of the Site.

California Civil Code § 1542 Waiver. To the fullest extent permitted by law, each party waives the protections of California Civil Code § 1542 and any similar statute that might otherwise limit the scope of this release.

V. DISCLAIMERS & LIMITATION OF LIABILITY

The Site and all content are provided “as is” and “as available.” PointCrow makes no warranties (express, implied, statutory, or otherwise) including merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability.

To the fullest extent permitted by law, IN NO EVENT SHALL POINTCROW’S TOTAL LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (USD $100). PointCrow shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, data, or goodwill, even if advised of the possibility of such damages. Nothing in this Section limits liability for PointCrow’s gross negligence, willful misconduct, or violations of applicable privacy law. Some jurisdictions prohibit certain limitations; in such locations, liability is limited to the maximum extent allowed by law.

VI. TERMINATION

You may stop using the Site at any time. No formal cancellation is required.

PointCrow may suspend or terminate your access to all or part of the Site, immediately and without prior notice, if we believe you have breached these Terms, violated community conduct rules, infringed intellectual-property rights, engaged in gambling activity, or otherwise acted in a way that harms the community or our reputation. We may also discontinue or modify the Site at any time for any reason.

When termination takes effect:

• your license to use the Site and the content therein ends immediately;
• any rights you granted to PointCrow in User Content survive to the extent copies remain in archived streams or routine backups;
• Sections I (Restrictions), II (User Content & Conduct), III (External Services), IV (Indemnity & Release), V (Disclaimers & Limitation), VI (Termination), VII (Governing Law), and VIII (Contact & DMCA) survive.

Termination does not entitle you to any refund or other compensation, including for donations or merchandise purchased on third-party platforms.

VII. GOVERNING LAW & DISPUTE RESOLUTION

IMPORTANT: THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT IN COURT.

Before starting arbitration or a lawsuit, other than a small-claims action, you must email us a written notice of the dispute to [email protected] and work in good faith for thirty (30) days to resolve it.

Except for small-claims matters, any unresolved dispute will be settled by final and binding arbitration administered by JAMS under its Consumer Arbitration Minimum Standards; the arbitration will take place in Los Angeles County, California, and California law will govern. ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY, AND YOU AND POINTCROW WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR TO A JURY TRIAL. Either party may bring an individual claim in a small-claims court with competent jurisdiction if the dispute is within that court’s monetary limits. Any claim or cause of action must be filed within one (1) year after it arose; claims filed later are permanently barred.

These Terms and any dispute not subject to arbitration are governed by the laws of the State of California, and for court proceedings you and PointCrow consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. If any part of this Section VII is found unenforceable for a particular dispute, the remainder will continue to apply.

VIII. CONTACT & DMCA

If you have questions about these Terms or our Services, please contact our Support Team.

Support Team
2804 Gateway Oaks Dr Suite 100
Sacramento, CA 95833
[email protected]

If you believe material on the Site infringes your copyright, send a DMCA notice to [email protected] with: (i) your contact details, (ii) identification of the work claimed to be infringed, (iii) the URL of the allegedly infringing material, (iv) a good-faith statement that the use is not authorized, (v) a statement under penalty of perjury that your notice is accurate, and (vi) your physical or electronic signature. If we remove or disable access to material in response to a notice, we will follow the counter-notification and replacement procedures outlined in 17 U.S.C. § 512(g).