Terms and Conditions
Established in 2012, ACN 162013112 PTY LTD trading as Smash Fit for Kids offers a safe site for kids and parents to blog and communicate with other kids and parents. We have developed this policy statement to reflect our commitment to kid’s safety, security and privacy. Smash Fit for Kids users have access to the safest kids communication network; however, we do try to educate them to be aware of what they are doing everywhere online and to take the appropriate steps to ensure their online safety.
You the user own all of the content and information you post on Smash Fit for Kids website and you can control how it is shared through settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Smash Fit for Kids website (IP Licence). This IP License ends when you delete your IP content or your account unless you’re content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off Smash Fit for Kids website, to access and use that information, and to associate it with you (i.e., username and profile picture).
- We always appreciate your feedback or other suggestions about Smash Fit for Kids website, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Smash Fit for Kids website safe, but we cannot guarantee it. We need your help to keep Smash Fit for Kids website safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Smash Fit for Kids website.
- You will not collect users' content or information, or otherwise access Smash Fit for Kids website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Smash Fit for Kids website.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any other user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use profanity language that involves the use of swearing.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Smash Fit for Kids website to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Smash Fit for Kids website, such as a denial of service attack or interference with page rendering or other Smash Fit for Kids functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
Registration and Account Security
Smash Fit for Kids Website: Registration requires users to provide limited contact information: Name, email address, age, gender, and country, state/province. The email address is only used to contact users to confirm their registration and at other times when necessary. If children are under the age of 13 the Parent/guardian receives a confirmation email to which they must respond in order to activate the child’s account. Parent email addresses are retained in our database for future contact. Accounts not activated within 21 days are deleted in their entirety from our database. Upon activation you agree to the following conditions:
- You will not create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will agree that you will not use Smash Fit for Kids website if you are under the age of 13 years without a parent guardian over the age of 18 years to supervise you.
- You will keep your information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
ACN 162013112 PTY LTD can access information about users through their IP addresses. An IP address is unique to the user’s computer, and is used to identify and collect broad demographic information (like age, gender, regional information and generic interests). As a safe social network for kids, tools such as these can be used positively and in the interest of protecting the privacy and safety of all kids online.
Use of Members Data
- ACN 162013112 PTY LTD may disclose information to a third party personally identifiable information of a member and any of their transaction details according to a judicial writ, demands by governmental authorities, and in any legal proceedings between ACN 162013112 PTY LTD and the Member. ACN 162013112 PTY LTD may also disclose personal information to members or to public authorities to deal with emergency situations or situations in which the member’s safety may be in jeopardy.
Mobile and Other Devices
- We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Smash Fit for Kids website.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Smash Fit for Kids website to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or ACN 162013112 PTY LTD exclusively in the state of NSW. The laws of NSW Australia will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in NSW, Australia for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on Smash Fit for Kids website, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Smash Fit for Kids and are not responsible for the content or information users transmit or share on Smash Fit for Kids website. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Smash Fit for Kids website. We are not responsible for the conduct, whether online or offline, or any user of Smash Fit for Kids Website.
- WE TRY TO KEEP SMASH FIT FOR KIDS WEBSITE, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SMASH FIT FOR KIDS WEBSITE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SMASH FIT FOR KIDS WEBSITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT SMASH FIT FOR KIDS WEBSITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. ACN 162013112 PTY LTD IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Contacting Us and Account Cancellation
If you wish to cancel your account or have any questions or comments about our privacy statement, our practices or your dealings with Smash Fit for Kids you can contact us at