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This Agreement sets forth the legally binding terms of your use of the Make Me Up Mobile app at its services (“Services”).
Make Me Up app is owned and MAKE ME UP is a registered trade mark of Touchwood Entertainment Limited. Touchwood Entertainment Limited is inter alia engaged in the business of event planning, marketing, production, and legal services for the events. Touchwood Entertainment provides ground concerts, social events, wedding planning, artist management, and other services including mobile app promotion activities etc..
1. The provision governing your use of the MMU.
The MMU is hosted in India and is subject to the laws governing the Republic of India.
MMU is a mobile app based market place platform that facilitates the display and the offer for sale and booking of various products and services by various vendors, distributors, artists, saloons, event management companies or individuals and various retailers.
The MMU is hosted in India and is subject to the laws governing the Republic of India.
- You are solely responsible for the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") that you post on the Mobile app, and any material or information that you transmit to other Members and for your interactions with other Users. Mobile app “Make Me Up” does not endorse and has no control over the Content. Content is not necessarily reviewed by MMU prior to posting and does not necessarily reflect the opinions or policies of Mobile App Make Me Up. MMU makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- In order to access some features of the Mobile app, you will have to create an account. You may never use another Member's account without permission When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MMU immediately of any breach of security or unauthorized use of your account. Although MMU will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MMU or others due to such unauthorized use. In consideration of your use of the MMU and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the MMU and/or the Services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the MMU or Services to any third party. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify us of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.
- Note that MMU prohibits PORNOGRAPHY and please choose carefully the information or any attachment you post on the MMU and in case you provide to any other user. Your MMU profile must not include any photographs containing nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES.
- MMU reserves the right, in its sole discretion, to reject, refuse to post or remove any Content (including private messages) posted by you, or to restrict, suspend, or terminate your access to all or any part of the Mobile app at any time, for any or no reason, with or without prior notice, and without liability. MMU expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the Mobile app if MMU determines, in its sole discretion, that you pose a threat to MMU and/or its Users.
- Refund, return and shipping policies are part of these terms and conditions and you as a user or member shall go through these terms and conditions also before buying or booking any product or using services from the MMU.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Mobile app in a manner that sends more request messages to the MMU servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser.
10. Intellectual property rights
The content on the MMU, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MMU, subject to copyright and other intellectual property rights under Indian laws and conventions. Content on the MMU is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners and MMU. MMU reserves all rights not expressly granted in and to the Mobile app and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Mobile app for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the MMU or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MMU or the Content therein.
11. Important usage conditions and related provisions
- The MMU may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, MMU does not guarantee any confidentiality with respect to any submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
12. In connection with User Submissions, you further agree that you will not:
- Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant MMU all of the license rights granted herein;
- Publish falsehoods or misrepresentations that could damage MMU or any third party;
- Submit material that is unlawful, obscene, defamatory, libelous, scandalous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Post advertisements or solicitations of business;
- Availability The products and services displayed on the MMU may not be available for purchase in your particular country or locality. The reference to such products and services on the MMU does not imply or warrant that these products or services will be available at any time in your particular geographical location. You should check with your local MMU authorized representative for the availability of specific products and services in your area.
- MMU may add, change, discontinue, remove or suspend any other Content posted on this App, including features and specifications of products/services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
- MMU reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of MMU’s systems as well as its client’s interests are and remain, well–protected.
- Towards this end, MMU may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.
- If MMU, in its sole and exclusive discretion, concludes that the said orders are not or do not reasonably appear to be, authentic, enforceable or valid, then MMU may cancel the said orders at any time up.
13. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification of the same to MMU with the following information in writing:
- A physical or electronic signature of a user authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalties of misrepresentation and other applicable laws, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14. You understand that when using the MMU, you will be exposed to User Submissions from a variety of sources, and that MMU is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mobile app with respect thereto, and agree to indemnify and hold MMU, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
15. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the MMU services. MMU reserves the right to investigate and take appropriate legal action against anyone who, in MMU's sole discretion, violates this provision, including without limitation, removing the offending communication from the MMU and terminating the membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MMU:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another user;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult mobile app;
- solicits personal information from anyone under 18;
- provides any telephone numbers, addresses, last names, urls or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming," or "spamming";"phishing"
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
- criminal or tortures activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- covering or obscuring the banner advertisements on your personal profile page;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the MMU or the networks or services connected to MMU;
- attempting to impersonate another Member or person;
- for band profiles, copying your MMU code and embedding it into other profiles or asking other Members to embed it into their profiles; liusing the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the MMU in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the MMU on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or
- using the MMU in a manner inconsistent with any and all applicable laws and regulations.
16. You are solely responsible for your interactions with other MMU Members. MMU reserves the right, but has no obligation, to monitor disputes between you and other Members.
- the ability to upload content to MMU via your mobile phone (Mobile Uploads),
- the ability to receive and reply to MMU messages, to send a shoot out and receive shoot outs and to write scribbles using text messaging (Mobile Texts),
- the ability to browse MMU from your mobile phone (Mobile Web), and
- the ability to access certain MMU features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services").
MMU does not charge you to access its services on Mobile. However, your carrier's normal messaging, VAS Messaging, VAS Download rates, data access/usage charges and other rates and fees will still apply. Kindly check with the operators and ascertain the charges applicable to access and use the services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding MMU and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your MMU account information to ensure that your messages are not sent to the person that acquires your old number. MMU shall not be responsible in the event of failure of this network transmission or failure of message transmission for any reasons whatsoever. The Service may also include access to products and services of independent third parties either directly or via links to sites operated by third parties. Where reasonably possible, MMU will indicate the products and services provided by third parties as such. Even though they may be co-branded with MMU and so include MMU's trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. MMU WILL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY SUCH PRODUCTS OR SERVICES.
19. You hereby confirm undertake and agree that: -
You are 18 years of age or above
You are solely responsible for all the content that you upload on MMU and all activities that occur under your password or user name.
You will not upload any infringing or potentially infringing content, any illegal content or any prohibited content or any content that violates any laws or any right of any party.
You shall comply with laws as applicable from time to time regarding the usage of our mobile app; obey any codes of conduct or other notices we provide; keep your service account password secret; and promptly notify us if you learn of a security breach related to the service.
The mobile app and all its features are made available to you on an 'AS IS' basis for your information and personal use only and you have no right to commercially exploit the mobile app or any feature of the mobile app.
MMU disclaims all warranties, express or implied, in connection with the mobile app and your use thereof.
You and the original owner of the mobile device undertake to indemnify and hold harmless MMU from and against any /all claims, in consequence of your actions while using our mobile app or any part thereof.
Any legal issues in this context will be subject to the exclusive jurisdiction of the courts of New Delhi.
You agree to waive your rights with reference to the "Do Not Call Registry" so as to enable us to render our services
You shall adhere to the terms and conditions of your mobile service provider while accessing our services.
You will use your best efforts to notify us of any illegal use of our mobile app by any user, which may include the hosting by any user of any prohibitory, illegal or infringing or potentially infringing content on our mobile app. However, your inability for any reason not to notify us will not render you liable for the termination of our services.
20. Purchase, booking and buying at MMU.
20.1 MMU provides an opportunity to its Users to avail value deals from a number of merchants, including but not limited to suppliers/ artist/ event management companies etc. (“Institutions”), with which MMU has an association, at discounted prices by issue of vouchers that can be redeemed up to a certain validity period from outlets of the Institutions (“Vouchers”).
20.2 In order to purchase or making a booking, the User would be required to create an account on the MMU. This is required so we can provide you with easy access to print your orders, view your past purchases and modify your preferences.
20.9 Standard Terms and Conditions
20.9.1 The following shall constitute as ‘Standard Terms and Conditions’ for purchasing goods and/or services from Mobile App Make Me Up:
- MMU shall not be responsible for the quality of products and/or services provided by the third party advertiser as Mobile App Make Me Up is only a platform to advertise third party products/services and the same shall be the sole responsibility of the Institution.
- MMU Vouchers can be redeemed only after due verification of the customer including, without limitation, matching the unique identification number provided to the customer at the time of purchase of MMU Vouchers.
- The issuing of credit is at the sole discretion of the Institution.
- MMU Vouchers cannot be combined with any other gift vouchers, third party vouchers, coupons, or promotions, unless otherwise specified by the Institution.
20.9.2 Institutions/ third parties advertising will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.
20.10 Purchase and Sale of Products and/or Services
20.10.1 MMU takes no responsibility for the services and/or products for which MMU Vouchers may be redeemed. Further, MMU makes no warranty to the Users for the quality, safety, usability, or other aspect of the product or service.
20.10.2 Make Me Up takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing the service.
YOU AGREE THAT YOUR USE OF THE MOBILE APP MMU SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOBILE APP MAKE ME UP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MOBILE APP AND YOUR USE THEREOF. MMU MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS APP'S CONTENT OR THE CONTENT OF ANY APPA OR SITES LINKED TO THIS APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR MOBILE APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR MOBILE APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MOBILE APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE  MOBILE APP.  DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE  MOBILE APP OR ANY HYPERLINKED MOBILE APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MMU WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. INCLUSION OF ANY LINKED MOBILE APP ON THE MOBILE APP MMU DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED MOBILE APP BY MOBILE APP MAKE ME UP. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. MMU TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE MMU OR THROUGH THE MMU SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. MMU IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MMU SERVICES. MMU 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, ANY USER OR MEMBER COMMUNICATION. MMU IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE MMU SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN CONNECTION WITH THE MMU SERVICES. UNDER NO CIRCUMSTANCES SHALL MMU BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE MMU SERVICES, ATTENDANCE AT A MMU EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE MMU SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE MMU SERVICES, WHETHER ONLINE OR OFFLINE. THE MMU SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND MMU EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MMU CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE MMU SERVICES.
22. Limitation of liability
IN NO EVENT SHALL MMU OR TOUCHWOOD ENTERTAINMENT LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR MOBILE APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR MOBILE APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MOBILE APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOBILE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MMU SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Mobile app is controlled and offered by TOUCHWOOD ENTERTAINMENT LIMITED from its facilities in India. TOUCHWOOD ENTERTAINMENT LIMITED makes no representations that the MMU is appropriate or available for use in other locations. Those who access or use the MMU from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws.