Artwork & Poetry Submittals

By submitting artwork or poetry, participants agree to indemnify, defend and hold harmless the Midpeninsula Regional Open Space District ("District"), its respective subsidiaries, affiliates, directors, officers, employees, attorneys, agents and representatives, from any and all third party liability for any injuries, loss, claim, action, demand or damage of any kind (collectively, "Losses") arising from or in connection with the anniversary edition coffee table book, including without limitation any third party claim for copyright infringement or a violation of an individual’s right to privacy and/or publicity right. The coffee table book is void where prohibited by law.

Each participant submitting artwork or poetry ("Participant") is responsible for ensuring that he or she has the right to submit artwork or poetry to the District for possible inclusion in the coffee table book per the terms and conditions. You agree that any and all disputes that cannot be resolved with the District, and causes of action arising out of or connected with the coffee table book, shall be resolved individually, without resort to any form of class action, before a court of competent jurisdiction located in Santa Clara, California, which court shall apply the laws of California without regard for rules of conflicts of law. IN ANY SUCH DISPUTE, PARTICIPANT SHALL NOT BE ENTITLED TO ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, OR ANY DAMAGES OTHER THAN PARTICIPANT'S ACTUAL OUT-OF-POCKET EXPENSES (IF ANY) ASSOCIATED WITH SUBMITTING ARTWORK OR POETRY FOR POSSIBLE INCLUSION IN THE COFFEE TABLE BOOK. YOU HEREBY WAIVE ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. The calls for artwork and poetry for the coffee table book and the Midpeninsula Regional Open Space District’s Web site, Open Space Views newsletter, or brochures are provided "as is" without warranty of any kind, either express or implied.

The District is not responsible for any incorrect or inaccurate information, whether caused by any equipment associated with or utilized in the production of the coffee table book, or by any technical or human error that may occur in the processing of submissions of artwork or poetry, including but not limited to any misprints or typographical errors. The District assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, submissions.

The District reserves the right to cancel, terminate, modify or suspend the coffee table book project for any reason in its sole discretion.