MyChoiceTM Debit Card
Terms and Conditions
Commerce Bank provides the MyChoiceTM debit 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."
- You certify that you have read and understand the "Image Guidelines" and that the Image you submitted to Commerce Bank complies with said guidelines.
- Fee(s): Currently there are no additional fees associated with the MyChoiceTM debit card. Any fees associated with the Terms and conditions and/or disclosures of your account still apply.
In addition to your compliance with the Image Guidelines, you represent and warrant to Commerce 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 on your new card and for Commerce Bank to alter, copy, print, distribute, prepare, and use the Image on your new 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 Commerce Bank requests, before or after accepting your image, you shall provide Commerce Bank with reasonable proof of such ownership, written consent, and/or non-infringement.
- You grant to Commerce Bank a perpetual, non-transferable, non-exclusive, royalty-free, worldwide, irrevocable license to use the Image and other data you provide to Commerce Bank for the purpose of providing your customized card.
- You agree to indemnify, defend, and hold Commerce 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 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.
- Commerce Bank's liability hereunder is limited to refunding any fee associated with the issuance of a customized card, and Commerce Bank is not liable to you for any loss, damage, claim, or expense whatsoever in relation to any action or omission by Commerce Bank in connection with the customized card service or product. Commerce Bank is not responsible for poor-quality Images or Images poorly positioned on the customized card template. Images and copies thereof shall not be returned to you for any reason.
- Your MyChoiceTM debit card remains the property of Commerce Bank and you agree to immediately return or destroy the card if asked by Commerce Bank for any reason, or if the account to which your customized card is linked is closed.
- Rejected Images, superseded Images, Images from canceled customized cards, accepted Images, and copies thereof, may be stored for any period of time, and may be purged at any time, that Commerce Bank may choose in its sole discretion.
- If a submitted Image is rejected, Commerce Bank will notify you by email, without any obligation to justify its decision.
- If a submitted Image is rejected, you can submit a new Image and request a new custom card design.
- Commerce Bank reserves the right not to accept or use any Image you submit, or to refuse to issue a MyChoiceTM debit card for any reason whatsoever in Commerce Bank's sole discretion. See also the separate customized card Image Guidelines.
- YOU AGREE TO DESTROY YOUR OLD DEBIT CARD ONCE YOU RECEIVE YOUR COMMERCE BANKS MYCHOICETM DEBIT CARD AND HOLD COMMERCE BANK HARMLESS FOR ANY LOSS AS A RESULT OF NOT DOING SO.