MyCard Terms and Conditions – Knoxville Teachers Federal Credit Union

By using the MyCard Photo Designer, member/Cardholder agrees to the following Terms and Conditions:

Knoxville Teachers Federal Credit Union (the “credit union”) and its vendor partners reserve the right, at their sole discretion, to approve all images submitted for Photo Debit/ATM Cards. If your image is not approved, we will notify you by email and ask you to submit another image for consideration. You understand and agree that you will be charged a fee of $7.00 for each photo card design that you order, is approved, and is delivered on a Photo Debit/ATM Card back to you by the Credit union. The $7.00 fee will be charged to the primary membership the card is attached to and will show on your monthly account statement. The fee will be levied at the time of order and no card will be issued until the fee is collected.

Your customized Photo Debit/ATM Card remains the property of the Credit union and you agree to immediately return it or destroy it, either if you are asked by the Credit union or if the card or accounts to which the customized card relates are cancelled or closed.

With respect to any image you submit for a Photo Debit/ATM Card, including any image downloaded from another Internet Site, you represent, warrant and covenant that

(1) you own (for example, it is a photo taken by you) or otherwise possess all necessary rights with respect to such image (such as express consent from the image’s owner to use the image on your card),
(2) your image, and the use of the image by the Credit union, does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or ownership or proprietary right of any other person and is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable,
(3) to your knowledge, the image does not contain any computer viruses or malware of any sort,
(4) if applicable, you consent to the use of your likeness and any related data, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in such image to use such individual’s likeness and any related data, for purposes of using and otherwise exploiting the image and data in the manner contemplated by these Terms and Conditions, in any such case on a perpetual, non-transferable, non-exclusive, royalty-free, world-wide and irrevocable basis, and
(5) with respect to any identifiable person in such image, if such individual is under the age of eighteen (18), you have obtained the written consent, release and/or permission from such individual’s parent or guardian.

You understand that the Credit union may require evidence of the image owner’s consent or of your ownership of the image with respect to use of the image and related data, as well as the Credit union’s (or its third party suppliers’) storing, modifying, copying or using the image and data, and you agree to provide to the Credit union a copy of any such consents, releases and/or permissions upon the Credit union’s request.

For clarification purposes only and not in limitation of the restrictions and duties otherwise set forth herein, you acknowledge and agree that Cardholder supplied images and/or text should not contain:

1. Sexual/provocative/obscene/profane/vulgar subject matter of any nature;
2. Partial or full nudity;
3. Political subject matter of any nature;
4. Offensive racial/prejudicial subject matter of any nature;
5. Offensive religious subject matter of any nature;
6. Advertising of any nature;
7. Self-promotion of any nature (e.g., personal business card);
8. Copyrighted material of any nature;
9. Branded products/services, including abbreviations, acronyms and/or symbols of any nature;
10. Solicitations, including telephone numbers or services of any nature (e.g., 900 or 800 numbers, URLs)
11. Celebrities/musicians/athletes/entertainers/public figures/cartoon characters, etc., of any nature;
12. Affiliation with groups that are determined to be of a “socially unacceptable” nature, including scenes, names or symbols, or illegal or anti-social behavior;
13. Depiction of violent acts or death imagery;
14. Depiction of alcohol, tobacco, drugs or firearms;
15. Depiction of or reproduction of currency;
16. Anything that interferes or may interfere with the required security features of the card;
17. Subject matter of any nature that might result in card acceptance confusion or non-acceptance by merchants;
18. Subject matter of any nature that might result in card fraud;
19. Reference to any Visa® card brand sponsored properties/events;
20. Competitive card brand or institution marks or names;
21. Any graphic design element that might reflect poorly on or might engender hostility toward or might cause derision of or might bring into disrepute the Visa® card brands;
22. Any graphic design element that might reflect poorly on or might engender hostility toward or might cause derision of or might bring into disrepute the Knoxville Teachers Federal Credit Union or associated organizations/businesses.

All copyright and intellectual property rights in the customized card program outlined in these Terms and Conditions vest in the Credit union (excluding the image) and your participation in the program does not result in the transfer or license of any of the Credit union’s or its third party suppliers’ intellectual property or other proprietary rights to you unless otherwise expressly stated in your cardholder agreement. You will not reproduce any of the Credit union’s or its third party suppliers’ intellectual property without prior and express written consent to such effect. You agree to indemnify, defend and hold the Credit union, its affiliates, distributors, vendor and other partners, licensors, advertisers and sponsors, including, without limitation, Visa, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (1) your breach of these Terms and Conditions; or (2) as a result of the image being used on your customized card and reproduced on your card, or (3) in respect of the Credit union, or its third party suppliers’ storing, modifying, copying or using the image.