User Agreement
www.jonasmekas.com Website Terms of Service
 			
This Agreement (the "Terms of Service") is between you and Stendhal Gallery 
and www.jonasmekas.com ("we," "us," or "www.jonasmekas.com").
By accessing and using the www.jonasmekas.com Website, you hereby agree
to these Terms of Service.
1.                  EXPLANATION AND CHARGING POLICY:  We are currently
offering short films and videos which were created by Jonas Mekas to our
subscribers through our Web site, www.jonasmekas.com (the "Website").
We intend to add, sell, display and otherwise use other films, videos,
and other works by other artists in the future.  We currently charge our
subscribers either a monthly subscription fee to stream videos from the
Web Site, or subscribers can pay a fee to download individual Films.
The current monthly subscription and downloading fees are set forth by
the Website, and are subject to change based on our sole discretion.
You hereby acknowledge and agree that we may alter, increase and change
in any way the monthly subscription fee or the downloading fee at any
time for any reason subject to a reasonable notice period to you.
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2.                  YOUR RIGHTS:  www.jonasmekas.com grants you a
non-exclusive, non-transferable, limited right to access, use and
display this Website and the materials provided hereon, provided that
you comply fully with these Terms of Service.  The contents of the
Website are only for your use as a visitor and/or subscriber.  You agree
not to interrupt, or attempt to interrupt, the operation of the Website
in any way.
Parts of the Website are open to all visitors and the entire Website is
open to all subscribers.  We cannot vouch for the accuracy, quality or
good sense of messages, information, or other content posted or
available here because we do not claim to read and evaluate them all.
You must use your own common sense to judge, evaluate and decide about
the usefulness of what you read here.  We also do not vouch for the
quality of the Films or any other work or any other work available on
the Website.
3.                  ACCESS AND USE CHARGES:  Currently, there are no
charges or fees for access and use of some parts of the Website.
www.jonasmekas.com does charge you to access the streaming and download
sections of the Website, and www.jonasmekas.com further retains the
right to charge fees to access and/or use the entirety of the Website in
the future.  Subscription fees are set forth in Clause 1 above.
For purposes of registration as a subscriber, you agree to provide
www.jonasmekas.com with accurate, complete, and updated information
required for the site subscription registration ("Registration Data") in
order to obtain access to the Website, including your legal name,
address, telephone number(s), and applicable payment data (e.g., credit
card number and expiration date).  You may check, following subscription
help instructions, to determine whether your Registration Data is
current and accurate, and, if not, to correct or update your
Registration Data.  Failure to comply with this provision (including,
without limitation, falsification of any Registration Data) may, at
www.jonasmekas.com' option, result in immediate suspension or
termination of your right to access and use the Website without refund
of any sums you may have paid as a subscriber.
You agree to promptly update your Registration Data, following
subscription help instructions, in the event of any known or suspected
unauthorized use of your subscription, or any known or suspected breach
of security, including loss, theft, or unauthorized disclosure of your
password or credit card information.  In the event of a breach of
security, you will remain liable for any unauthorized use of your
subscription until you update your Registration Data.  If your credit
card expires, is canceled, is lost or is subject to use without your
authorization, or if your subscription is subject to use without your
authorization, follow the subscription help instructions to update your
Registration Data.
4.                  COPYRIGHT AND TRADEMARKS:  All materials on the
Website, including, without limitation, text, images, software, audio
and video clips, databases, e-mails, and posted comments (collectively,
the "Content") are owned or controlled by www.jonasmekas.com and/or its
licensors, which retain all right, title, and interest in and to the
Content.  Your posting of material on the Website or providing material
to www.jonasmekas.com to use on the Website will be deemed a
non-exclusive perpetual unrestricted license by you to
www.jonasmekas.com of the material, including the right to reproduce,
publish, distribute, perform, display, and transmit the material and to
prepare derivative works, and you waive all rights of attribution and
integrity with respect to the material.  The Website and Content are
protected by the copyright and trademark laws of the United States and
other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from,
transmit, sell, distribute, or in any way exploit the Website or any
portion thereof for any public or commercial use without the express
written permission of www.jonasmekas.com.  Retrieval of data or other
content from this Website to create or compile, directly or indirectly,
a collection, compilation, database or directory without written
permission from www.jonasmekas.com is prohibited.  In addition, use of
the content or materials for any purpose not expressly permitted in
these Terms of Use is prohibited.  Your rights to use and make copies of
our Films are set forth in Clause 2 above.
You agree not to use any trademarks, service marks, names, logos, or
other identifiers of www.jonasmekas.com or its employees, licensors,
independent contractors, providers and affiliates (collectively,
"Affiliates") without the prior written permission of www.jonasmekas.com
or the relevant Affiliate.
5.                  FORMS:  www.jonasmekas.com may make available to
users of the Website, e-mail notices, newsletters, chat rooms, message
boards, bulletin board services or other interactive communication
facilities by means of the Website (such facilities collectively
referred to herein as the "Forums").  www.jonasmekas.com cannot review
all communications made on or through the Website.  However,
www.jonasmekas.com reserves the right, but has no obligation, to monitor
the Forums and edit, modify or delete any materials which
www.jonasmekas.com in its sole discretion determines to violate this
Agreement or to be in any other way offensive or contrary to any
www.jonasmekas.com policy.
6.                  COMMUNICATING WITH THE SITE:  We expect you to use
only language appropriate for general conversation, with no insulting,
racist, obscene or sexually explicit remarks.
You are solely responsible for the content of any transmissions you make
to the Website or any materials you add to the Website, including to any
Forum (the "Communications").  You shall not upload to, or distribute
to, or otherwise publish through the Forums any Communication which
(i)                  is for commercial purposes or otherwise advertises
or solicits for the sale of goods or services;
(ii)                constitutes unauthorized or unsolicited advertising,
chain letters, any other form of unauthorized solicitation, or any form
of lottery or gambling;
(iii)               is obscene, indecent, pornographic, profane,
sexually explicit, or abusive;
(iv)              constitutes or contains false or misleading
indications of origin or statements of fact;
(v)                slanders, libels or defames any person or entity;
(vi)              causes injury of any kind to any person or entity;
(vii)             infringes or violates the intellectual property
rights, contract rights, or any other rights of any third party;
(viii)           violates any applicable laws, rules, or regulations; or
(ix)              contains software viruses or any other malicious code
designed to interrupt, damage, destroy, or limit the functionality of
any computer soft-ware or hardware or telecommunications equipment or to
damage or obtain unauthorized access to any data or other information of
any third party.
Furthermore, you acknowledge that conduct prohibited in connection with
the Forums includes, but is not limited to, impersonation of other
people and breaching or attempting to breach the security of the
Website.  www.jonasmekas.com and its Affiliates do not endorse or accept
any Communications as its own or representative of its views.  We
reserve the right, though we do not have the obligation, to remove
without notice any posting that we consider to be in violation of these
Terms of Service, or to diminish the value of this online community.
This includes postings which defame, insult or harass anyone, or that
are in any way abusive.
7.                  PUBLIC COMMUNICATIONS:  You acknowledge and agree
that any communications made to or by means of any portion of the
Website are public.  You acknowledge that:
(i)                  you have no expectation of privacy in any
Communication and
(ii)                no confidential, fiduciary, contractually implied or
other relationship is created between you and www.jonasmekas.com by
reason of your transmitting a communication to any area of the Website.
By transmitting any communication to the Website, you grant to
www.jonasmekas.com a perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty-free license to use, copy, license, distribute,
display, reproduce, transmit, modify, edit, and otherwise exploit such
communication, in all media now known or later developed.  The foregoing
grant shall include the right to exploit any proprietary rights in such
communications, including, without limitation, any intellectual property
laws under any relevant jurisdiction, and shall constitute a waiver of
any rights, "moral rights," or any similar rights under any
jurisdiction.
8.                  UNSOLICITED E-MAIL:  You agree not to use the Forums
or any other area of the Website to send the same or substantially
similar unsolicited electronic mail messages, whether commercial or not,
to a large number of recipients.  This prohibition includes sending
unsolicited mass mailings from another Internet service that in any way
involves the use of the Website or any equipment owned or operated by
www.jonasmekas.com in connection with the Website.  A message is
unsolicited if it is posted in violation of a USENET or newsgroup
charter and/or if it is sent to a recipient who has not requested or
invited the message.  For purposes of this provision, merely making
one's e-mail address accessible to the public shall not constitute a
request or invitation to receive messages.
9.                  YOUR PASSWORD AND RESPONSIBILITY:  If you become a
Subscriber, as part of the registration process, you will select a
password.  You are solely responsible for maintaining the
confidentiality of any password you use to access the Website, and agree
that www.jonasmekas.com will have no obligations with regard thereto.
You agree not to assign, transfer or sublicense your rights as a user to
the Website.
10.              INFORMATION PROVIDED:  You acknowledge that any
reliance upon any advice, opinion, statement, or other information
displayed or distributed through the Website is at your sole risk.
www.jonasmekas.com reserves the right, in its sole discretion and
without notice, to correct any errors or omissions in any portion of the
Website, or to deny access to the Website to anyone at any time.  You
acknowledge and agree that www.jonasmekas.com is not responsible for any
materials posted by users of the Website.  Prior to making any decisions
based on information posted on the Website, you are advised to verify
the information.  Neither www.jonasmekas.com nor its Affiliates shall
have any liability arising from your acts or decisions based upon the
information provided on the Website.
11.              LINKS TO OTHER SITES:  The Website may contain links
and pointers to other sites on the Internet that may be maintained by
third parties.  Such links do not constitute an endorsement by
www.jonasmekas.com of any third-party site or any materials contained
therein.  www.jonasmekas.com does not control, and is not responsible
for, the availability, accuracy, or currency of such third-party sites
or any information, content, products or services accessible from such
third-party sites.
12.              AGE RESTRICTIONS:  You represent and warrant to
www.jonasmekas.com that you are at least eighteen (18) years old and
that you possess the legal right and ability to enter into this
Agreement and to use the Website in accordance with this Agreement.
13.              INDEMNIFICATION:  You hereby agree to indemnify, defend
and hold harmless www.jonasmekas.com from and against any and all
liability and costs incurred by www.jonasmekas.com in connection with
any claim arising out of any breach or alleged breach of any of your
obligations set forth herein.  You shall cooperate as fully as
reasonably required in the defense of any claim.  www.jonasmekas.com
reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you
and you shall not in any event settle any matter without the written
consent of www.jonasmekas.com.
14.              DISCLAIMER OF WARRANTY:  EXCEPT AS EXPRESSLY SET FORTH
HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFT-WARE, FUNCTIONS, SERVICES,
MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS
THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WWW.JONASMEKAS.COM MAKES NO
WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SIZE UNDER ANY
CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY
WWW.JONASMEKAS.COM.  WWW.JONASMEKAS.COM DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES
WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE
SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED,
ARE FREE OF VI-RUSES OR OTHER HARMFUL COMPONENTS.  NEVERTHELESS,
WWW.JONASMEKAS.COM WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN
THE SITE FREE OF VIRUSES, WORMS, TROJAN HORSES, AND ACTIVEX MALICIOUS
CODE.
15.              LIMITATION OF LIABILITY:  USE OF THE SITE IS AT YOUR
OWN RISK.  YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING
FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS,
CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE)
ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.  UNDER NO
CIRCUMSTANCES SHALL WWW.JONASMEKAS.COM, OR ANY PROVIDER OF
TELECOMMUNICATIONS OR NETWORK SERVICES FOR WWW.JONASMEKAS.COM, BE LIABLE
FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE
DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE,
THE SITE OR FEE-BASED SERVICES, EVEN IF WWW.JONASMEKAS.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE TOTAL LIABILITY OF
WWW.JONASMEKAS.COM IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY
YOU FOR ACCESS AND USE OF THE SITE.  YOU HEREBY RELEASE
WWW.JONASMEKAS.COM AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS,
LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
16.              TERMINATION:  In addition to any other rights of the
parties set forth herein, either you or www.jonasmekas.com may cancel or
terminate your access to the Website.  www.jonasmekas.com also reserves
the right to restrict, suspend or terminate your access to the Website
in whole or in part, without notice, with respect to any breach or
threatened breach of any portion of these Terms of Service.  If
www.jonasmekas.com terminates these Terms of Service based on a breach
of any portion of these Terms of Service, www.jonasmekas.com reserves
the right to refuse to provide use and/or access to any Services to you
in the future.  You acknowledge that www.jonasmekas.com shall not be
liable to you or any third party for any termination of your access to
this Website.
17.              MODIFICATIONS:
(a)                To the Agreement:  www.jonasmekas.com has the right
to modify these Terms of Service and any policies affecting the Website.
Any modification is effective immediately upon posting to the Website or
distribution via electronic mail or conventional mail.  Your continued
use of the Website following notice of any modification to these Terms
of Service shall be conclusively deemed an acceptance of all such
modification(s).  Your only right with respect to any dissatisfaction
with any modifications made pursuant to this provision, or any policies
or practices of www.jonasmekas.com in providing the Website, including
without limitation
(i)                  any change in the Content, or
(ii)                any change in the amount or type of fees associated
with the use or access of the Website, is to cancel your subscription in
accordance with the subscription help instructions.
(b)               To the Website:  www.jonasmekas.com has the right to
modify, suspend or discontinue the Website or any portion thereof at any
time, including the availability of any area of the Website.
www.jonasmekas.com may also impose limits on certain features and
services or restrict your access to parts or all of the
www.jonasmekas.com Website without notice or liability.  We do not
change your message, but we may edit or move it and/or edit its title in
the interest of clarity and coherence of the ongoing conversation.
18.              VIOLATIONS:  If you see a message that you believe
violates these Terms of Service, please notify us at
support@jonasmekas.com.
If you believe that your work has been copied and is accessible on this
Website in a way that constitutes copyright infringement, you may notify
www.jonasmekas.com.  Click here for instructions.
19.              GENERAL:  These Terms of Service constitute the entire
agreement between you and www.jonasmekas.com with respect to the Website
and supersede all prior agreements between you and www.jonasmekas.com
with respect to the Website.  Failure by www.jonasmekas.com to enforce
any provision of these Terms of Service shall not be construed as a
waiver of any provision or right.  Please do not suggest or encourage
illegal activity.  (www.jonasmekas.com, Inc.  will cooperate with law
enforcement officials as appropriate.) Interpretation and enforcement of
these Terms of Service shall be governed by the laws of the state of New
York.  You consent irrevocably to personal jurisdiction in the federal
and state courts of New York for any action arising out of or relating
to your use of the Website.  The state courts of New York, New York
County, shall have exclusive jurisdiction over all such actions.  In any
such action, the prevailing party shall be entitled to recover all legal
expenses incurred in connection with the action, including but not
limited to its costs, both taxable and non-taxable, and reasonable
attorney's fees.  In the event that any portion of these Terms of
Service is held unenforceable, the unenforceable portion shall be
construed in accordance with applicable law as nearly as possible to
reflect the original intentions of the parties, and the remainder of the
provisions shall remain in full force and effect