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Ponke Terms of Use

These Terms govern your access to and use of www.ponke.xyz and all Ponke-operated digital experiences (the “Ponke Website”). Ponke is operated by Helmet Studios LLC.

Please read these Terms carefully before using the Ponke Website.

1. Conditions of Use

The Ponke Website is intended for users at least eighteen (18) years old. By using the Ponke Website, you confirm that:

  • You are at least eighteen
  • You accept these Terms fully and unconditionally

If you are under eighteen, you must have the permission of a parent or legal guardian. If you do not agree with these Terms, stop using the Ponke Website immediately.

2. Amendments

We may modify these Terms at any time. Continued use of the Ponke Website constitutes acceptance of updated Terms.

3. Access to the Ponke Website

You are responsible for the equipment, internet connection, and software needed to access the Ponke Website. We may suspend or restrict access temporarily or permanently for maintenance or operational needs.

4. Services

General Services

The Ponke Website provides access to features, content, and digital experiences related to Ponke (“Services”). Some features may require ownership of a Ponke digital collectible.

Digital Wallets

Connecting a blockchain wallet may be required for certain Services. Wallets are third-party products. You are solely responsible for:

  • Private keys
  • Seed phrases
  • Wallet security

Ponke cannot recover lost wallets or credentials.

Primary Sales of Digital Collectibles

Ponke may offer digital collectibles through free mints, allowlists, or public sales. All sales are final unless required by law.

Secondary Market Activity

Digital collectibles may be resold on third-party marketplaces. These platforms are not affiliated with Ponke. Use them at your own risk. Ponke may receive creator royalties where supported.

5. User Obligations

You agree not to:

  • Copy, modify, distribute, or create derivative works of Ponke content without authorization
  • Use Ponke content in defamatory, hateful, obscene, or unlawful ways
  • Imply false affiliation with Ponke
  • Reverse engineer or attempt to extract source code from the Ponke Website
  • Upload malicious code or interfere with the operation of the Services
  • Violate any applicable laws

6. Ponke Obligations

Ponke will use reasonable efforts to operate securely, communicate clearly, and treat all users fairly. However, we do not guarantee uninterrupted or error-free access.

7. Security

You must not attempt to bypass security measures, access unauthorized data, or disrupt the functioning of the Ponke Website.

8. Disclaimer

Ponke digital collectibles are artistic crypto assets for personal enjoyment. They are not financial products. Ponke does not:

  • Provide investment advice
  • Guarantee future value or resale price
  • Offer financial returns

You are responsible for complying with applicable laws, including tax obligations related to digital assets.

9. Warranty and Liability

The Ponke Website and Services are provided “as is.” To the maximum extent permitted by law, Ponke disclaims all implied warranties. Ponke is not liable for:

  • Indirect or consequential damages
  • Loss of wallet access or compromised credentials
  • Blockchain failures, forks, downtime, or hacks
  • Third-party platform failures
  • Unauthorized access, malware, or malicious attacks

You agree to indemnify Ponke for claims arising from your use of the Services or violation of these Terms.

10. Breach of Terms

Ponke may suspend or terminate access if you violate these Terms.

11. Third-Party Content

The Ponke Website may contain links to third-party websites. Ponke is not responsible for their content or policies.

12. Assignment

Ponke may assign its rights or obligations under these Terms. You may not assign your rights without written consent.

13. Validity

If any provision is unenforceable, the remaining provisions remain in effect. An unenforceable provision will be replaced with the closest enforceable alternative.

14. Electronic Communication

You agree that communications sent electronically (including by email) constitute valid and legally binding notice.

15. Applicable Law

These Terms are governed by the laws of the United States and the State of Wyoming. Venue for disputes is the appropriate court located in Wyoming.

16. Contact

For questions about these Terms:

Email: hello@ponke.xyz

17. Digital Millennium Copyright Act (DMCA)

If you believe your copyrighted work has been used improperly, contact our Copyright Agent:

Email: hello@ponke.xyz

Your notice must include:

  • A signature
  • Identification of the copyrighted work
  • Identification of infringing material
  • Contact information
  • A good faith statement
  • A statement of accuracy under penalty of perjury

Counter-notices may be submitted according to the DMCA. Repeat infringers may have access terminated.