These Terms and Conditions of Use ("Terms") are an agreement between you and DogKite Inc., 1083 Baker Avenue Dallas,TX,United States., and govern your use of the website made available at and its associated webpages and mobile applications (collectively the "Website"), including all purchases made by you. dogkite.com, along with its representatives, officers, shareholders, subsidiaries, affiliates, parents, employees, and agents (collectively "dogkite" or "we" or "us" or "our"), provide the Website to you subject to the provisions, which you acknowledge, agree to, and consent to by clicking "I Agree" or by using the Website.The term 'you' refers to the user or viewer of our website.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS, BROWSE OR USE THE WEBSITE, AND SHOULD DISCONTINUE YOUR ACTIVITIES IMMEDIATELY. IF YOU ACCESS OUR WEBSITE, YOU ARE AGREEING TO THESE TERMS.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Dog Kite and our associated logos and names dogkite, dogkite.com, and Dog Kite, Inc., are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Website, such as trademarks, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos.
Certain materials available on or through the Website are our Works (i.e., Content we own, authored, created, purchased, or licensed). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and the Website. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our Works solely for your personal use in connection with using the Website. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or any adaptations thereof without express written consent from dogkite, unless expressly set forth herein.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the site is 100% accurate. In the event that a product is listed at an incorrect price or a product description is inaccurate, we shall have the right, in our sole discretion, to reject any order or to cancel any orders placed for that product. In those circumstances, if your credit card has already been charged, we will issue a credit to your credit card within a commercially reasonable amount of time.
By submitting your photograph and any related text, captions, or hashtags (the "Content Submission") to Dog Kite, Inc. ("dogkite"), for inclusion on our Gallery or otherwise, whether through transmission on the dogkite.com website or through use of the #mydogkite hashtags or social media handles, on a third-party website or application, such as but not limited to Instagram, Facebook, and Tumblr, or by tagging @dogkiteinc or @dogkite in any content, and in exchange for your Content Submission being reviewed and evaluated for inclusion in the #mydogkite Gallery, you grant dogkite a royalty-free, irrevocable, transferrable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance, and including for commercial purposes) any and all of your Content Submission.
You also waive to the full extent permitted by law any and all claims against us related to moral rights in the Content Submission. In no circumstances will we be liable to you for any exploitation of any Content Submission. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and exploit the Content Submission, for promotional purposes, including, without limitation, copyright, trademark, and rights of publicity and privacy. You affirm, represent and warrant that you and any person whose image appears in the Content Submission are 18 years of age or older. You affirm, represent, and warrant that your Content Submission is in compliance with all terms and conditions of any third party website or application on which you post the Content Submission.
You shall not make any Content Submission that is inappropriate, indecent, obscene, hateful, tortious, defamatory, disparaging of dogkite or any other brand or individual, or that promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age.
You agree to indemnify, defend, and hold harmless dogkite from and against any and all third-party claims, damages, liabilities, costs and expenses, including legal expenses and reasonable attorneys' fees, arising out of your Content Submission. You agree to be bound by the dogkite.com Terms of Service, which are herein incorporated by reference.
You also grant dogkite the right to use the username or handle of the account used to make the Content Submission; dogkite will, where commercially reasonable, credit your username or handle when publishing or reposting your Content Submission.
You agree that dogkite may, but is under no obligation to feature the Content Submission in its Gallery, and should dogkite choose to feature the Content Submission, dogkite may, at its sole discretion, elect to remove the Content Submission from its Gallery and/or its social media accounts at any time and without notice to you.