MDA Carnival Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site"). This Site at MDA is fully controlled and operated by MDA by accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of MDA Online. If you do not agree withall of the following terms and conditions, please do not use this Site.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on June 7, 2004.

OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of MDA and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Materials are provided on the site for use in staging MDA carnivals and should be used for this sole purpose. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of MDA. Use of MDA and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

MDA COMMUNICATIONS
When a child/ parent or guardian accepts the Terms and Conditions of this document, they agree to receive future communications from MDA, the child is asked to provide his or her first name, email address and the email address of his or her parent. Within two business days of receiving this information, we send the child’s parent a notification email informing him or her of the child’s request to receive by email from MDA future information and give the parent the option to have his or her child’s information removed from our database. At any time, the child’s parent has the opportunity to request that we stop sending the child the communications and have the child’s information removed from our database by following the “unsubscribe” instructions. In addition, parents may at any time review any identifiable information collected about their child (see below, Parental Access).

All information collected for MDA is used only to send the child follow up communications as it relates to carnivals.

DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MDA is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. To the fullest extent permissible pursuant to applicable law, MDA, and their and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site will not be liable for damages of any kind including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages, that may result from the use of, or the inability to use, the materials contained on this site whether the material is provided or otherwise supplied by MDA or any third party. Notwithstanding the foregoing, in no event shall MDA’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.

SAFETY
It’s very important to create a safe environment for the people who come to your carnival. Here are some basic precautions.

• When selecting the location for your carnival, avoid areas that have easy access to a swimming pool, ponds, lakes, trampoline, jungle gym or swing set. If one of these is on the property, prevent access to the area and have adults monitor the area at all times.
• The use of carnival rides, fire works, firearms, explosives and alcohol are strictly prohibited.
  Be sure that there are enough adults t help supervise your carnival.
• There should be at least one adult in every area where there are activities.
• Have a basic first-aid kit on the premises. Do not dispense medications of any kind to anybody.
• When giving a prize to children under age 3, make sure the prize is too big to swallow.
• Don’t leave small items such as prizes, game pieces, or tools unattended in booths.
• Adults should always accompany small children. Carefully monitor small children when they are playing games that involve small objects such as marbles and coins. If the carnival is geared to preschool age children, substitute large objects for marbles and coins as game pieces.
• Use plastic or paper whenever possible. Avoid glass objects.
• Make sure that walkways or pathways are free of obstructions at all times.
• If electricity is necessary in a booth, place that booth as close to an electric outlet as possible. Make sure that there are no tears in the electrical cords that leave wires exposed.
• Do not run electrical cords across a walkway or pathway. Secure cords to the ground with duct tape or place chairs over cords to prevent tripping.
• Dispose of popped balloons and balloon fragments immediately. Small pieces of balloons can be swallowed and cause choking or other serious injury.
  
  THIRD PARTY HYPERLINKS
  The appearance of external hyperlinks generated by third parties does not constitute endorsement by MDA, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and MDA does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, MDA is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither MDA nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, MDA will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
  
  INDEMNIFICATION
  You agree to indemnify, defend and hold harmless, MDA, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. MDA reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with MDA in asserting any available defenses.
  
  In consideration of MUSCULAR DYSTROPHY ASSOCIATION, INC. (“MDA®”) permitting my family, including my children, who are under 18 to host MDA’s Carnival Program at our residence, I hereby, and for (my) (my children’s) heirs, executors, administrators, assigns, and all legal guardians, WAIVE AND RELEASE ANY AND ALL RIGHTS AND CLAIMS OF ANY NATURE, FOUNDED IN WHOLE OR IN PART UPON ANY TYPE OF NEGLIGENCE, that (I) (my children) may have against MDA, its directors, officers, employees, agents, chapters, assignees, licensees, volunteers and cooperating entities, their representatives, heirs, executors, administrators, successors, and assigns (the “Released Parties”) arising out of or resulting from any and all injuries or damages of any nature, including death, which (I) (my children) may suffer while taking part in the Carnival event or any activities connected with the event. I UNDERSTAND THAT THIS MEANS THAT I AGREE NOT TO SUE any or all of the Released Parties in connection with the event.
  Consent also is hereby given to use (my) (my children’s) name, picture, portrait, likeness, writings or biographical information, and audiotape and/or videotape recordings and sound or silent motion pictures of (me) (my children) in any media for editorial, educational, promotional, and advertising purposes, for the solicitation of contributions, and for any other purpose in furtherance of the corporate purposes and objectives of MDA.
  
  MISCELLANEOUS
  MDA operates and controls this Site from its offices at:
  3300 E. Sunrise Drive, Tucson, AZ 85730, United States of America. This Site is intended for residents of the United States only. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
  
  This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally.
  
  By agreeing to this document, I certify that I have read this document and fully understand it, and that I am not relying on any statements or representations of any Released Party. This document shall be finding up one, (my) (my children) heirs, executors, administrators, assigns, and all legal guardians (of my children).
  
  The MDA website is intended for domestic viewers and is consequently directed towards residents of the United States.
  
  Children under the age of 13 must have parent or legal guardian accept the Terms and Conditions on their behalf.