(Effective as of March 2024)
Welcome to NOKIX Sparkling Water. These Terms of Use govern your access to and use of the NOKIX Sparkling Water website and all its subdomains, including blogs (collectively, the “Site(s)”), provided by DrinkUp Kings LLC. By accessing or using our Site(s), you agree to be bound by these terms and all applicable laws and regulations. In this Agreement, 'User' refers to any individual who accesses or uses our website, regardless of the capacity in which they do so.
We reserve the right to modify these Terms at any time. We will post any changes on this page and encourage you to review it regularly. Your continued use of the website after such changes constitutes your acceptance of the new Terms.
Your privacy is important to us. To understand how we collect, use, and share your personal information, we encourage you to review our detailed Privacy Policy. You can access it here or by following this link: NOKIX Sparkling Water Privacy Policy. Please take the time to read it carefully.
When using our website, you agree to abide by the following acceptable use guidelines:
Content Restrictons: You must not upload, post, transmit, or make available any material that is:
Prohibited Activities: You will not engage in activities that:
By accessing and using our website, you represent, warrant, and agree to comply with these guidelines. Failure to adhere to these acceptable use terms may result in restricted access to our website, legal action, or other measures deemed necessary to protect NOKIX Sparkling Water, its users, and its interests.
Our website may feature links to external websites that are not affiliated with NOKIX Sparkling Water or under the direct control of DrinkUp Kings LLC. The presence of these links on our website does not imply endorsement, sponsorship, or approval of the linked content, products, services, or websites. We offer these links solely for the convenience and information of our users.
Please be aware that when you follow these links to external websites, you are leaving our website. Consequently, NOKIX Sparkling Water and DrinkUp Kings LLC assume no responsibility for the content, privacy policies, or practices of these external websites. We strongly encourage you to review the terms and privacy policies of any third-party websites you visit, as their standards and practices may differ from ours.
Your interactions with any external websites, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the third-party website. NOKIX Sparkling Water and DrinkUp Kings LLC will not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of links to external websites on our site.
The content on this website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is owned by DrinkUp Kings LLC or its content suppliers. It is protected by both domestic and international copyright and intellectual property laws. The compilation of all content on this website is the exclusive property of DrinkUp Kings LLC and is similarly protected by domestic and international copyright laws. In addition, we use licensed third-party software and tools as part of our website operations. The intellectual property rights of these third-party tools belong to their respective owners, and their use on our website does not imply ownership by DrinkUp Kings LLC. Unauthorized use of any content, software, or tools on this website is strictly prohibited and may result in legal action.
The trademarks, including the graphics, logos, page headers, button icons, scripts, and service names of NOKIX Sparkling Water and DrinkUp Kings LLC, are integral aspects of our brand identity and are protected under trademark laws. These trademarks and trade dress may not be used in connection with any product or service not related to NOKIX Sparkling Water, in any manner that could cause confusion among customers, or in a way that discredits or disparages our brand. This section also acknowledges that all other trademarks appearing on our website belong to their respective owners, who may or may not be affiliated with or endorsed by NOKIX Sparkling Water. We respect these intellectual property rights and expect the same from our users.
Temporarily unavailable as we work on enhancing our offerings
Interactive Feature of NOKIX Sparkling Water
Introduction to the Flavor Quiz
The Flavor Quiz on the NOKIX Sparkling Water website is an interactive feature designed to enhance your experience with our products. It helps you discover the NOKIX flavors that best match your preferences.
Use of the Flavor Quiz
The quiz is provided for your personal, non-commercial use and enjoyment. By engaging with the Flavor Quiz, you agree to utilize it in accordance with these Terms of Use. It is not to be used for any unlawful or prohibited purposes.
Intellectual Property Rights
The Flavor Quiz is a proprietary feature of DrinkUp Kings LLC, encompassing its unique design, methodology, questions, graphics, and underlying algorithms. Unauthorized reproduction, copying, modification, or distribution of the quiz or any part of it is strictly forbidden, except with explicit written permission from DrinkUp Kings LLC.
Data Collection and User Privacy
In participating in the Flavor Quiz, you may provide us with personal information, such as your quiz responses and flavor preferences. Rest assured, any personal data collected will be treated with utmost respect for your privacy and in full accordance with our Privacy Policy.
Accuracy and Availability of the Quiz
We strive to ensure the Flavor Quiz is accurate and available, but we do not guarantee uninterrupted access or that the quiz results will always perfectly reflect individual preferences. We reserve the right to alter, update, or discontinue the quiz at our discretion and without prior notification.
Feedback and Suggestions
Your feedback and suggestions about the Flavor Quiz are always welcome. However, please be aware that any ideas or comments you share will become the property of DrinkUp Kings LLC and may be used to enhance or modify the quiz without any obligation for compensation on our part.
By taking part in the Flavor Quiz, you acknowledge and consent to these terms, which are integral to our wider Terms of Use.
At NOKIX Sparkling Water, we strive to provide accurate and up-to-date information on our website. However, occasionally, there may be content that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause.
All materials on our website, including but not limited to text, images, illustrations, designs, icons, photographs, video clips, and other materials (collectively, “Contents”), are owned by NOKIX Sparkling Water under DrinkUp Kings LLC or its affiliates. The use of these Contents without express written consent from us is strictly prohibited.
Our website and all its Contents are intended solely for personal, non-commercial use. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit, in whole or in part, any of the Contents, our website, or any related software for commercial purposes.
Any permissions granted herein terminate automatically without further notice if you breach any of these terms. Upon termination, you agree to immediately destroy any downloaded and/or printed materials obtained from our website. We maintain the right to deny access to anyone who we believe has violated any of these Terms of Use or any other term or policy associated with our website.
Any comments, feedback, suggestions, ideas, and other submissions you make to NOKIX Sparkling Water through our website or other channels (collectively, “User Contributions”) become the property of NOKIX Sparkling Water under DrinkUp Kings LLC. By submitting your User Contributions, you agree to assign all worldwide rights, titles, and interests, including copyrights and other intellectual property rights, to NOKIX Sparkling Water. Consequently, we will exclusively own these rights and interests and will be free to use the User Contributions in any manner, commercially or otherwise, without limitation.
By submitting User Contributions, you represent and warrant that:
You acknowledge that you are solely responsible for the content of your submissions and the consequences of posting or publishing them. NOKIX Sparkling Water reserves the right, but not the obligation, to monitor, edit, or remove any User Contributions for any reason.
Our website may feature a variety of programs, sweepstakes, contests, or other promotions that provide our customers with exciting opportunities to engage with NOKIX Sparkling Water. Each of these activities is governed by its own set of rules and regulations, which detail the specifics of the program or promotion, including any eligibility criteria or restrictions such as age or geographic limitations. We strongly encourage you to thoroughly read and understand these rules before participating in any program, sweepstakes, or contest. By doing so, you'll ensure that your participation is valid and aligns with the requirements set forth by NOKIX Sparkling Water. These rules are essential for maintaining a fair and enjoyable experience for all participants.
Our website, NOKIX Sparkling Water, and all its contents, including software and functions made available on, accessed through, or sent from our website, are provided to you "as is," "as available," and "with all faults." To the fullest extent permissible by law, DrinkUp Kings LLC and its affiliates make no representations or warranties, express or implied, regarding:(a) The website itself.(b) The content and software available on or through the website.(c) The functions accessible on or through the website.(d) Messages and information sent from the website by users. (e) Any products or services offered via the website or through links to third parties. (f) The security associated with the transmission of sensitive information through the website or any linked site.
We do not guarantee that the website, its functions, or any content contained therein will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make it available are free of viruses or other harmful components.
Furthermore, DrinkUp Kings LLC disclaims any warranties regarding the legality of your activities or use of the website in any particular jurisdiction. By using the website, you act at your own risk and are responsible for ensuring that your activities are lawful in every jurisdiction where you access or use the website. Additionally, DrinkUp Kings LLC and its affiliates disclaim any express or implied warranties including, but not limited to, non-infringement, merchantability, fitness for a particular purpose, and title.
Neither DrinkUp Kings LLC nor its subsidiaries, affiliates, directors, officers, employees, or other representatives shall be liable for the use of the website, including any errors contained therein. This disclaimer may not apply in jurisdictions that do not allow the disclaimer of certain implied warranties.
DrinkUp Kings LLC is not responsible for the terms, warranties, or liabilities associated with products sold by third parties, such as Amazon or physical retail stores. For transactions related to NOKIX Sparkling Water or other products, customers should refer to the terms and conditions of the respective seller.
YOU ACKNOWLEDGE AND AGREE THAT NOKIX SPARKLING WATER, INCLUDING ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES (COLLECTIVELY REFERRED TO AS "NOKIX PARTIES"), SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OUR WEBSITES. THIS INCLUDES, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES RELATED TO: (A)THE WEBSITES, THEIR CONTENT, OR YOUR INTERACTIONS WITH THEM. (B)THE USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITES. (C) ACTIONS TAKEN IN CONNECTION WITH INVESTIGATIONS BY NOKIX OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITES OR CONTENT. (D) ACTIONS RELATED TO COPYRIGHT OWNERS IN CONNECTION WITH THE CONTENT. (E) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE WEBSITES.
NOKIX PARTIES ARE NOT LIABLE FOR DAMAGES TO USERS’ TECHNOLOGY FROM USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, VIRUSES, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
The liability of DrinkUp Kings LLC related to the purchase, use, or consumption of NOKIX Sparkling Water or other products sold through third-party sellers, such as Amazon or physical retail stores, is expressly disclaimed. Any claims, warranties, or liabilities in connection with such products shall be directed to and governed by the terms and conditions of the respective third-party sellers.
YOUR ACCESS TO AND USE OF NOKIX SPARKLING WATER'S WEBSITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT, YOUR SOLE REMEDY IS TO DISCONTINUE USE.
BY USING NOKIX SPARKLING WATER'S WEBSITE, YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS CURRENTLY UNKNOWN OR UNSUSPECTED. IN ACCORDANCE WITH THIS WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF ANY LAW OF ANY STATE OR TERRITORY, WHICH STATES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASEE.
THE NOKIX WEBSITES DO NOT PROVIDE MEDICAL ADVICE, RECOMMENDATIONS, OR ENDORSEMENTS. ANY STATEMENTS ON THE WEBSITES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. PRODUCTS MENTIONED ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF NOKIX'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, VIDEO, FILM OR OTHER CONTENT OWNED OR CONTROLLED BY NOKIX AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY NOKIX WEB SITE, PROPERTY, PRODUCT, PROGRAM, VIDEO, FILM OR OTHER CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
You agree to defend, indemnify, and hold NOKIX Sparkling Water and any third-party service providers, including but not limited to those who develop or host our websites, as well as their respective affiliates, officers, directors, employees, representatives, and agents, harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of our websites. This indemnification obligation will survive the termination of your use of our websites and your acceptance of these Terms of Use.
This Agreement remains effective unless terminated by either you or Nokix. NOKIX, a brand under DrinkUp Kings LLC, reserves the right to terminate this Agreement at any time. Such termination may occur without notice if you fail to comply with any term or provision of this Agreement, leading to immediate denial of access to our websites. Upon termination, you are required to promptly destroy all materials obtained from our websites, including NOKIX, along with any copies, whether made under the terms of this Agreement or otherwise.
THESE TERMS OF USE AND THE INTERPRETATION OF THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. SPECIFICALLY, THESE TERMS WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, CONDUCTED IN THE STATE OF CALIFORNIA.
You agree to waive all rights to a trial by jury in any action or proceeding related to these Terms of Use and/or the website. Any dispute or claim arising from or related to these Terms of Use and/or the website shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Such disputes or claims will be arbitrated individually and will not be consolidated in any arbitration with claims or controversies of any other parties. The arbitration will take place in the State of California, and the judgment on the arbitration award may be entered into any court possessing jurisdiction. For any matters or proceedings not subject to arbitration as described in this section, or for entering judgment on an arbitration award, proceedings shall occur in the State of California. By agreeing to these Terms of Use, you waive any defense of inconvenient forum.
We reserve the right to modify or discontinue our services with or without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our services.