1. BankNewport provides the #1 Card℠ service subject to the following Terms and Conditions. These Terms and Conditions are in addition to those found in the Terms and Conditions Of Your Account, which govern 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 Upload and Image Guidelines and that the Image you submitted to BankNewport complies with the Upload and Image Guidelines.
3. Fee(s): A production fee of $8.95 per card will be charged to your checking account each time you request a new card with the exception of any special promotion. If your card is lost, stolen or damaged, we may charge you an $8.95 processing fee for a new card. A production fee of $8.95 per card will be charged to your checking account for each expired card renewal. That’s it! There is no additional cost to use your #1 Card℠.
Accounts with more than one debit card attached may have different #1 Card℠, but they will need to be ordered separately and will be charged $8.95 for each individual #1 Card℠ordered.
4. You authorize BankNewport to charge all applicable fees to the checking account associated with your #1 Card℠ when your Image is approved.
5. In addition to your compliance with the Upload and Image Guidelines, you represent and warrant to BankNewport:
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 #1 Card℠ and for BankNewport to alter, copy, print, distribute, prepare and use the Image on your #1 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 business or individual person’s rights, including intellectual property, privacy or publicity rights.
If BankNewport requests, before or after accepting your Image, you shall provide BankNewport with reasonable proof of such ownership, written consent and/or non-infringement.
6. You grant to BankNewport a perpetual, non-transferable, non-exclusive, royalty free, world-wide, irrevocable license to use the Image and the other data you provide to BankNewport for the purpose of providing your #1 Card℠.
7. You agree to indemnify, defend and hold BankNewport 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 #1 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. We may without notice and when permitted by law set off the funds from any damages or copyright infringement fees from your BankNewport checking account.
8. BankNewport’s liability hereunder is limited to refunding any fee associated with the issuance of a #1 Card℠, and BankNewport is not liable to you for any loss, damage, claim or expense whatsoever in relation to any action or omission by BankNewport in connection with the #1 Card℠ service or product. BankNewport is not responsible for poor-quality Images or Images poorly positioned on the #1 Card℠ template. Images and copies thereof shall not be returned to you for any reason. We may without notice and when permitted by law set off the funds from any damages or copyright infringement fees from your BankNewport checking account.
9. Your #1 Card℠ remains the property of BankNewport and you agree to immediately return or destroy the card if asked by BankNewport for any reason, or if the account to which your #1 Card℠ is linked is closed.
10. Rejected Images, superseded Images, and Images from canceled #1 Card℠ accepted Images, and copies thereof, may be stored for any period of time, and may be purged at any time, that BankNewport may choose in its sole discretion.
11. If a submitted Image is rejected, BankNewport will notify you by e-mail, without any obligation to justify its decision. You will not be charged a fee for a rejected image.
12. If a submitted Image is rejected, you can submit a new Image and request a new custom card design.
13. BankNewport reserves the right not to accept or use any Image you submit, or to refuse to issue a #1 Card℠, for any or no reason whatsoever in BankNewport’s sole discretion. See also the separate #1 Card℠ Upload and Image Guidelines.
14. YOU AGREE TO DESTROY YOUR OLD DEBIT CARD ONCE YOU RECEIVE YOUR #1 Card℠ AND HOLD BANKNEWPORT HARMLESS FOR ANY LOSS AS A RESULT OF NOT DOING SO.