myPic Studio Terms & Conditions

To make a myPic Studio card, you must agree to the following:

Image Card Guidelines

Our current image upload guidelines restrict the use of certain types of images.  The following guidelines have been put in place to help you with your selection; however Malvern Bank reserves the right to approve or deny any image at our sole discretion.

Please do not submit any images that contain the following:

• Copyrighted, advertising, promotional text, slogans, or trademarked material – if you didn’t take the photo or own the image, we cannot accept it.
• Branded products or branded names.
• Provocative, lewd, or sexual content – including nude or semi-nude pictures of people of any age.
• Celebrities/musicians/public figures/athletes/cartoons, etc.
• Violence, violent acts, any type of death imagery (e.g. images of skulls), firearms, weapons, or ammunition.
• Socially unacceptable groups or discriminatory behavior or signs (e.g. gangs, hatred, drug/alcohol abuse, graffiti).
• Profanity or other obscene behavior or gestures.
• Images of money from any country (including the United States) where money is the central focus of the photo.
• Images of flags. (Our gallery contains flag related imagery – please review those images if you are interested in having a flag on your card.)
• Controversial subject matter such as political or religious statements and/or images.
• Phone numbers (e.g. 800 or 900 #’s) and URL addresses (e.g. www.xyz.com)
• Competitive marks/names (e.g. Discover, American Express, etc.)
• Any content that might infringe, denigrate, or dilute the payment card brand or its member financial group.
• Any image where the content is not clearly comprehensive or discernible.  This includes non-English text, images, where the subject is unclear (i.e. blurry, distorted, etc.) and may be interpreted as violating the guidelines.
• Any references to the Olympic Games or NASCAR.
• Any photo that might result in non-acceptance or other problems at point of sale or interfere with security features of the card.

MyPic Studio Card Terms and Conditions

1. The Malvern 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 understood the “Image Guidelines” and that the Image you submitted to the Malvern Bank complies with the Image Guidelines.
3. Fee(s): There is an issuance fee for the first myPic studio card of $10.00 plus sales tax.  For cards issued thereafter, an issuance fee of $10.00 plus sales tax will be charged to your account each time you submit a new Image and the bank issues a new myPic studio card.  In addition, an issuance fee plus sales tax will be charged for any replacement or reissued my Pic studio card.    
4. You authorize the Malvern 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 Malvern Bank:
   1. The Image you are submitting was created by you and you are the owner of the Image, and/or you obtained express written consent from the owner of the Image for you to use it on your myPic studio card and for Malvern Bank to alter, copy, print, distribute, prepare and use the Image on your myPic studio card.
   2. You have obtained the express written consent of any person other than yourself who appears in the Image your submitting: and
   3. Use of the Image will not infringe any business’s or individual person’s rights, including intellectual property, privacy or publicity rights.

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

6. You grant the Malvern Bank a perpetual, non-transferable, non-exclusive, royalty-free, world-wide, irrevocable license to use the Image and the other data you provide to Malvern Bank for the purpose of providing your myPIC studio card.
7. You agree to indemnify, defend and hold the Malvern Bank harmless, its affiliates, its card membership organizations 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 (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 violation of a right of privacy or publicity or any other right.
8. Malvern Bank’s liability hereunder is limited to refunding any fee associated with the issuance of a myPic studio card, and Malvern Bank is not liable to you for any loss, damage, claim or expensive whatsoever in relation to any action or omission by Malvern Bank in connection with the myPIC studio card service or product.  Malvern 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 Malvern Bank and you agree to immediately return or destroy the card if asked by the Malvern 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 Malvern Bank may choose in its sole discretion.
11. If a submitted Image is rejected, the Malvern Bank 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. Malvern 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 at Malvern Bank’s sole discretion.  See also the separate myPic studio card Image Guidelines.

Additional Terms and Conditions that apply to myPIC studio card Business cards:

14. Business agrees that only individual(s) they authorize can submit an Image and request issuance of myPic studio card business card(s).  Business shall protect the security of its logon and other access information, and is responsible for any unauthorized access directly or indirectly gained using such logon or other access information.
15. Important: Business acknowledges and agrees that each time a new Image is uploaded and approved, all cards linked to the Business’s account will be reissued with that new Image.
16. Business Card Issuance Fee: For each Image and new Image that is uploaded and approved, a per card issuance fee of $10.00 plus sales tax will be charged to the related business card account.
17. Upon receipt of a new myPic studio business card with Image on it, the business will need to destroy any previously-issued business cards.