Online Direct Banking Services Agreement
Bar Harbor Bank & Trust (BHBT) provides the Pic-ME Card service subject to the following terms and conditions. These terms and conditions are in addition to those found in your Deposit Account Disclosures and the Consumer Debit Card Agreement, which govern the 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.” 1. You certify that you have read and understand the Image Guidelines and that the Image you submitted to BHBT for your Pic-ME card complies with the Guidelines. 2. A production fee of $7.95 will be deducted from the primary checking account linked to your debit card each time BHBT issues a new Pic-ME card in your name, whether for a new image or for replacement of an expired, lost, or stolen card. 3. You authorize BHBT to charge all applicable fees to the checking account associated with your Pic-ME card when your card is ordered. 4. In addition to your compliance the Image Guidelines, you represent and warrant to BHBT: a. 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 Pic-ME card and for BHBT to alter, copy, print distribute, prepare and use the image on your Pic-ME card; b. You have obtained the express 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’s rights, including intellectual property, privacy or publicity rights. If BHBT requests, before or after accepting your image, you shall provide BHBT with reasonable proof of such ownership, written consent and/or non-infringement. 5. You grant to BHBT a perpetual, non-transferable, non-exclusive, royalty-free, worldwide, irrevocable license to use the Image and other data you provide to BHBT for the purpose of providing your customized card. 6. You agree to indemnify, defend and hold Bar Harbor Bank & Trust, its affiliates, subsidiaries, 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 whatsoever (including but not limited to attorney’s fees) that may arise from the issuance or use of your customized 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. 7. BHBT’s liability hereunder is limited to refunding any fee associated with the issuance of a customized card and BHBT is not liable to you for any loss, damage, claim, or expense whatsoever in relation to any action or omission by BHBT in connection with the customized card service or product. BHBT is not responsible for poor-quality Images or Images poorly positioned on the customized card template. Images and copies thereof will not be returned to you for any reason. 8. Your Pic-ME card remains the property of BHBT. You agree to return or destroy the card immediately if asked by BHBT for any reason, or if the account linked to your Pic-ME card is closed. 9. Rejected Images, superseded Images, and Images from canceled Pic-ME cards, accepted Images and copies thereof, may be stored for any period of time and may be purged at any time that BHBT may choose at its sole discretion. 10. BHBT reserves the right not to accept or use any Image you submit, or to refuse to issue a Pic-ME card for any reason whatsoever at BHBT’s sole discretion. 11. If a submitted Image is rejected, BHBT will notify you by email, without any obligation to justify its decision. 12. If a submitted image is rejected, you can submit a new image and request a new card design. However, if you repeatedly submit Images that do not follow the Image Guidelines, BHBT reserves the right to exclude you from future use of this service. 13. YOU AGREE TO DESTROY YOUR OLD CARD ONCE YOU RECEIVE YOUR NEW CARD AND HOLD BAR HARBOR BANK & TRUST HARMLESS FOR ANY LOSS AS A RESULT OF NOT DOING SO.
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