Terms of Use

General

Welcome to MyCitySafari.com (the “Site”), a website owned and operated by MailSouth, Inc. (“MailSouth”). The terms and conditions contained below (the “Terms of Use”) shall govern the use of the Site. If you do not agree to these Terms of Use, then you should not use the Site or any information contained therein. By using the Site and/or any of its contents you agree to these Terms of Use. Please read this document carefully – the Terms of Use may have changed since your last visit. By using the Site and/or becoming a registered user the Site, you have consented to these Terms of Use. Additionally, you will be subject to the guidelines, terms and conditions of other services, contests or capabilities provided herein as specified in other areas of the Site.

MAILSOUTH RESERVES THE RIGHT AT ITS SOLE DISCRETION TO CHANGE, MODIFY, ADD, OR DELETE PORTIONS OF THESE TERMS OF USE AT ANY TIME WITHOUT FURTHER NOTICE. IF MAILSOUTH REVISES THE TERMS OF USE, MAILSOUTH WILL USE REASONABLE EFFORTS TO POST THE CHANGES TO THESE TERMS OF USE ON THIS PAGE AND INDICATE AT THE TOP OF THIS PAGE THE EFFECTIVE DATE OF ANY SUCH REVISIONS. YOUR CONTINUED USE OF THE SITE AFTER THE EFFECTIVE DATE OF ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS OF USE. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS OF USE, PLEASE DO NOT USE OR ACCESS THE SITE. IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THESE TERMS OF USE.

Copyright

All contents of this Site (the “Contents”), including without limitation text, graphics, logos, icons, images, audio or video clips, digital files, whether for streaming or download, data compilations, and software, is the property of MailSouth, its affiliates, and content suppliers, and is protected by U.S. and international intellectual property laws. The compilation of all content on the Site, in any configuration, is the exclusive property of MailSouth and is protected by U.S. and international intellectual property laws. All software used on the Site is the property of MailSouth or its software suppliers and is protected by U.S. and international intellectual property laws. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of MailSouth, which consent may be withheld at MailSouth’s sole discretion. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including without limitation images, text, page layout, or form) of MailSouth without express written consent, which may be withheld at MailSouth’s sole discretion. You may not use any meta tags or any other "hidden text" utilizing MailSouth's name or trademarks without the express written consent of MailSouth.

Content

MailSouth does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, distributed, or otherwise conveyed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. MailSouth reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. MailSouth does not and cannot review all materials posted to the Site by users, community organizations or advertisers, and MailSouth is not responsible for any such materials. Notwithstanding the foregoing, MailSouth reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in MailSouth's sole discretion is objectionable or in violation of these Terms of Use. Notwithstanding the foregoing, you may print or download one copy of the information on the Site solely for your personal non-commercial home use, provided you keep intact all copyright, trademark and other proprietary notices, and you may print or download the coupons provided on the Site. All registered trademarks ®, trademarks ™ and service marks that may be used on the coupons featured on the Site to identify the products and services of other companies are the property of their respective owners.

User Submissions

You agree that you will not upload or transmit any communication or content of any type that infringes upon or violates any rights of any party. By submitting communications or content to any part of the Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant or warrant that the owner(s) and all rightsholder(s) with respect to such content have expressly granted MailSouth a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or any form, format, or forum now known or hereafter developed. MailSouth may sublicense its rights through multiple tiers of sublicensees.

If you post content or submit material, you shall be bound by the Rules for Posting in Public Areas provided below. Unless we indicate otherwise, you grant MailSouth a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media now known or hereafter developed. You grant MailSouth and sublicensees the right to use the name that you submit in connection with such content, at MailSouth’s discretion. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify MailSouth with respect to all claims resulting from content you supply. MailSouth has the right but not the obligation to monitor and edit or remove any activity or content. MailSouth takes no responsibility and assumes no liability for any content posted by you or any third party.

Abuse

In cases where you believe a person(s) has breached the terms and conditions of the MailSouth website, please contact MailSouth IMMEDIATELY using the information provided below. Do not attempt to contact the person yourself and do not post derogatory comments in any public areas on the Site.

MailSouth, its officers, directors, employees, affiliates, agents, attorneys, and representatives make no endorsements with respect to any particular product or treatment, makes no representations and assumes no liability relative to any content, opinions, comments, e-mail addresses, and/or computer viruses which may be transmitted in any Public Area.

If you use a Public Area on the Site, you are solely responsible for your own communications, and your reliance on any communications found in the Public Areas.

In no event will MailSouth, its officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers or other affiliated persons or entities be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Site. You will hold MailSouth, its officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers or other affiliated persons or entities harmless for any such actions or decisions taken by you in reliance upon such information.

By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. You agree to allow MailSouth and all other persons or organizations involved in the operation of the MailSouth Site the right to transmit, monitor, retrieve, store and use your information with the operation of the MailSouth Site.

Rules for Posting Materials in Public Areas

The Site’s public areas (the “Public Areas”), which include all areas of the Site where users may post content, are for the exchange of information and for entertainment purposes ONLY. As a general matter, users may post reviews, comments, photos, videos, and other content so long as such content is not illegal, obscene, threatening, defamatory, an invasion of privacy, infringing of any intellectual property rights, or otherwise injurious to third parties or in any way objectionable. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms of Use:
  1. Posting materials by persons under 13 years of age without the consent of their parents.
  2. Posting names, e-mail addresses, telephone numbers or any other confidential or personally identifiable information of any person(s) or entities.
  3. Using a Public Area in violation of local, state, federal, or international laws.
  4. Posting material that infringes the copyrights or other intellectual property rights of others or on the privacy or publicity rights of others.
  5. Posting unauthorized advertisements or solicitations of businesses.
  6. Posting links to websites or individuals without prior written consent of MailSouth.
  7. Posting chain letters or multi-level or pyramid schemes.
  8. Impersonating another person or entity.
  9. Registering under more than one name or email address.
  10. Distributing viruses or other harmful or potentially harmful computer code.
  11. Harvesting or otherwise collecting information about others, including without limitation email addresses, without consent.
  12. Allowing any other person or entity to use your identification for posting or viewing comments.
  13. Posting the same note more than once or “spamming.”
  14. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the reasonable judgment of MailSouth, exposes MailSouth or any of its customers, partners or suppliers to any liability or detriment or any type.

Enforcement of the Rules

MailSouth reserves the right, but is under no obligation, to do any or all of the following:
  1. Investigate an allegation that a communication does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the communication.
  2. Remove the communications which it determines, in its sole and absolute discretion, to be abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use.
  3. Terminate a user’s member status and access to any or all Public Areas and/or the Site upon breach of these terms and conditions.
  4. Monitor, edit, or disclose any communication in a Public Area.
  5. Edit or delete any communication or content, whether or not such communication or content violates the standards set forth herein.
  6. MailSouth reserves the right to take any other action it deems necessary or desirable to protect the personal safety of the Site’s guests, visitors, or the general public.

Your Use of the Site

You may not use any automated device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. MailSouth reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any MailSouth server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of MailSouth to its source or exploit the Site or any service or information made available or offered by or through the Site in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or MailSouth's systems or networks, or any systems or networks connected to the Site or to MailSouth. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to MailSouth on or through the Site or any service offered on or through the Site. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MailSouth or others.

Links to Other Sites

The Site contains links to other web sites. MailSouth is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by MailSouth. Inclusion of any linked web site on or through the Site does not imply approval or endorsement of the linked web site by us. If you decide to leave the Web site and access these third-party sites, you do so at your own risk.

Site Policies, Modification, Severability, and Waivers

Please review our other policies, such as our privacy policy, posted on the Site [Link]. These policies also govern your visit to MyCitySafari.com. MailSouth reserves the right to make changes to the Site, its policies, and these Terms of Use at any time, and said changes will be effective immediately upon posting. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. No term or condition shall be deemed waived, and no breach shall be deemed excused, unless such waiver is in writing and is executed by the party against whom such waiver or excuse is claimed.

Other Businesses

Parties other than MailSouth operate stores, provide services, or advertise product lines on the Site. Additionally, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. MailSouth does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

All coupons, offers and promotions on the Site are subject to change without notice. MailSouth provides you a venue for obtaining the information contained in the Site and has no control over the legality of any coupons or other offers made by other companies featured in the Site, the ability of any of the other companies to complete the sales in accordance with the offers, or the quality of the goods and/or services offered by the other companies. MailSouth has no control over whether the other companies will honor the offers and coupons shown on the Site and does not guarantee the accuracy or completeness of the information contained on the Site. In the event you have a dispute with another company in any way relating to the Site or the use of information from it, you agree to waive and release MailSouth from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.

Children's Privacy

MailSouth conforms to the Children's Online Privacy Protection Act [COPPA]. We will never knowingly request personally identifiable information from anyone under the age of 13 without parental consent. When we do receive information (with parental consent) from users under the age of 13, we will never voluntarily share their personally identifiable information with third parties, regardless of their stated preference given at registration. Please also see our separate Privacy Policy.

Limitation On Liability

You assume complete responsibility and risk for your use of the Site. MailSouth makes no expressed or implied warranties, representations, or endorsements (including without limitation, warranties of title or non- infringement or the implied warranties of merchantability and fitness for a particular purpose). MailSouth does not warrant that the Site will be uninterrupted or error-free or that defects will be corrected. MailSouth does not warrant that the Site, its contents, products (including software) or services included on or otherwise offered to you through the Site, servers, or e-mail sent from MailSouth are free of viruses or other harmful components. The Site is provided "as-is." Under no circumstances will MailSouth be liable for any damages (including, but not limited to, special, incidental, consequential or indirect damages) arising out of the use of, or the inability to use, the Site, even if MailSouth has been advised of the possibility of such damages. Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Indemnification

By using the Site you agree to indemnify and hold MailSouth, its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys' fees and costs) arising from your use or misuse of the Site.

Termination of Use

MailSouth may, in its sole discretion, change, suspend, or discontinue all or any aspects of the Site at any time without prior notice.

Applicable Law

By visiting the Site, you agree that the laws of the state of Alabama, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and MyCitySafari.com or MailSouth. Any action shall be initiated and maintained exclusively in a forum of competent jurisdiction in the State of Alabama.

Our Address

MailSouth, Inc.
P.O. Box 614
Helena, AL, 35080
http://www.mailsouth.com

Procedure for Making Claims of Copyright Infringement

We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please provide our copyright agent the written information specified below.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please note that this procedure is exclusively for notifying MailSouth that your copyrighted material has been infringed. The copyright agent for MailSouth, Inc. for notice of claims of copyright infringement on the Site can be reached as follows:
MailSouth, Inc.
Attn:  Legal Department
5901 Hwy. 52 E
Helena, AL 35080
Ph. 800.325.1441

Entire Agreement

Except as expressly provided in a particular "legal notice" on the Site, these Terms of Use constitute the entire agreement between you and MailSouth with respect to the use of the MailSouth Site and Content. Your use of the MailSouth Site is also subject to the MailSouth Privacy Policy.