Bank of New Madrid Bank of New Madrid

myPic Studio

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myPic Studio Terms and Conditions

  1. The Bank provides myPic Studio card service subject to the following terms and conditions. These terms and conditions are in addition to those found in the Cardholder Agreement governing all use of your Card. The photo, logo, artwork or other image submitted by you, and all information thereon, are hereafter collectively referred to as the "Image".

  2. You certify that you have read and understand the "Image Guidelines" and that the Image you submitted to the Bank complies with the Image Guidelines.

  3. Fee(s): There is a $10.00 issuance fee for all myPic Studio cards. For cards issued thereafter, an issuance fee of $10.00 will be charged to your account each time you submit a new Image and the bank issues a new myPic Studio card or you request a replacement card. There will not be an issuance fee charged for cards being reissued for expiration.

  4. You authorize the Bank to charge all applicable fees to the card account associated with your myPic Studio card when your Image is approved.

  5. In addition to your compliance with the Image Guidelines, you represent and warrant to the Bank:

    a. The Image you are submitting was created by you and you are the owner of the Image, and/or you have obtained express written consent from the owner of the Image for you to use it on your myPic Studio card and for Bank to alter, copy, print, distribute, prepare and use the Image on your myPic Studio card;

    b. You have obtained the express written consent of any person other than yourself who appears in the Image you are submitting; and

    c. Use of the Image will not infringe any businesses or individual person's rights, including intellectual property, privacy or publicity rights.

    If Bank requests, before or after accepting your Image, you shall provide Bank with reasonable proof of such ownership, written consent and/or non-infringement.

  6. You grant to Bank a perpetual, non-transferable, non-exclusive, royalty-free, world-wide, irrevocable license to use the Image and the other data you provide to Bank for the purpose of providing your myPic Studio card.

  7. You agree to indemnify, defend and hold the Bank harmless, its affiliates, its card membership organizations and its and their respective shareholders, officers, directors, employees, agents, members, contractors and representatives from any and all claims, liabilities, losses, costs and expenses of any nature whatever (including, without limitation, attorney's fees) that may arise from the issuance or use of the myPic Studio card with your submitted Image on it, including (without limitation) any and all claims alleging trademark or copyright infringement, and/or the violation of a right of privacy or publicity or any other right.

  8. Bank's liability hereunder is limited to refunding any fee associated with the issuance of a myPic Studio card, and Bank is not liable to you for any loss, damage, claim or expense whatsoever in relation to any action or omission by Bank in connection with the myPic Studio card service or product. Bank is not responsible for poor-quality Images or Images poorly positioned on the myPic Studio card template. Images and copies thereof shall not be returned to you for any reason.

  9. Your myPic Studio card remains the property of the Bank and you agree to immediately return or destroy the card if asked by the Bank for any reason, or if the account to which your myPic Studio card is linked is closed.

  10. Rejected Images, superseded Images, and Images from canceled myPic Studio cards, accepted Images, and copies thereof, may be stored for any period of time, and may be purged at any time, that Bank may choose in its sole discretion.

  11. If a submitted Image is rejected, the card processor will notify you by e-mail, without any obligation to justify its decision.

  12. If a submitted Image is rejected, you can submit a new Image and request a new custom card design.

  13. Bank reserves the right not to accept or use any Image you submit, or to refuse to issue a myPic Studio card, for any or no reason whatsoever in Bank's sole discretion. See also the separate myPic Studio card Image Guidelines.

 

 
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