Terms of Service
These Terms of Service (the “Terms”) govern your access to and use of TributeView, including the websites at tributeview.com and any partner edition offered through a granite company (for example, an address such as tributeview.monumentplanet.com), together with the software, previews and related services (the “Service”). The Service is provided by TributeView (“TributeView”, “we”, “us” or “our”).
1. Agreement
By creating an account, entering a sign-up code, signing in through a partner portal, uploading content or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of a business, you confirm that you are authorised to bind that business, and “you” means both you and that business. If you do not agree, do not use the Service.
The Service is intended for businesses in the memorial trade, such as monument dealers, memorial designers and granite companies. It is not offered to consumers, and you must be at least 18 years old to use it.
2. Accounts and access
Access through granite companies. TributeView is made available to monument dealers through participating granite companies and distributors (each a “Partner”). A Partner may provide you with a sign-up code, a sign-in address, or sign-in through the Partner’s own customer portal. Any program a Partner offers you, including any included previews, allowances, promotions or pricing, is provided by that Partner and may be changed or withdrawn by the Partner or by us.
Your account. You agree to provide accurate business and contact information and to keep it up to date. You are responsible for all activity under your account, including activity by your staff and by anyone using a device, link or code associated with your account. Keep sign-in links and codes confidential, and tell us promptly if you believe they have been misused.
Partner visibility. If you access the Service through a Partner, the Partner may receive information about your account and its use, such as your business details, the number of previews created and program status, so that it can administer its program.
3. The service and previews
The Service generates illustrative images of memorials (“Previews”) using the designs in our library, the wording you enter and any images you upload. Previews are created with the help of automated image-generation technology, including artificial intelligence services provided by third parties.
Previews are illustrations, not proofs. A Preview is intended to help a family visualise a memorial. It may not accurately represent the final stone, including its colour, granite pattern, dimensions, proportions, lettering, spelling, spacing, design, carving technique or finish. Previews must not be relied upon as a production drawing, specification or proof. You are solely responsible for checking all wording, dates and details with the family, and for approving a production proof with your supplier before anything is cut, carved, etched or ordered.
We may change, add or remove designs, features and functionality at any time. We do not guarantee that the Service will be available at all times or free of errors.
4. Your content and images
“Your Content” means everything you or your staff submit to the Service, including uploaded photographs, portraits, drawings, sketches, catalogue pages and design images (“Uploaded Images”), as well as names, dates, epitaphs, family details and other text.
4.1 Your promises about Your Content. Each time you submit Your Content, you represent and warrant that:
- you own Your Content, or you have obtained, by lawful and proper means, all rights, licences, consents and permissions needed to submit it to the Service and to grant the rights in these Terms;
- where an Uploaded Image shows an identifiable person, you have the consent of that person or of the person legally entitled to give consent on their behalf, such as the family of someone who has died;
- where an Uploaded Image is a design, artwork, photograph or catalogue page created by someone else, including another memorial company, you have that owner’s permission to use it in this way;
- you have the family’s permission to enter their names, dates, epitaph and other personal details; and
- Your Content does not infringe or misappropriate any copyright, trademark, design right, right of publicity or privacy, or other right of any person, and does not break any law.
4.2 Transfer of rights in Uploaded Images. By uploading an Uploaded Image to the Service, you assign and transfer to TributeView all right, title and interest that you hold in that Uploaded Image, to the fullest extent permitted by law. To the extent any right cannot be assigned, or is held by someone other than you, you grant (and confirm you are authorised to grant) TributeView a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable and sublicensable licence to use, reproduce, store, copy, edit, modify, adapt, retouch, crop, recolour, combine with other material, create derivative works from, render onto stones and other surfaces, display, publish and distribute that Uploaded Image, in any media now known or later developed, for the purposes of operating, providing, presenting, improving and promoting the Service. To the extent permitted by law, you waive, and agree not to assert, any moral rights or similar rights in Uploaded Images against TributeView, its Partners and service providers.
4.3 Licence to other content. For Your Content other than Uploaded Images, such as names, dates and epitaphs, you grant TributeView a worldwide, royalty-free licence to use, store, reproduce, modify and process that content to provide, maintain, secure and improve the Service and as described in our Privacy Policy.
4.4 Edits we are authorised to make. You authorise TributeView, and the third-party providers that process content for us, to make any edits to Your Content that we consider appropriate to present it, including adding, removing, replacing or restyling text, changing designs, colours, granite, shapes, finishes and backgrounds, and combining Uploaded Images with designs, stones and settings, whether by automated or manual means.
4.5 Storage and removal. We are not obliged to store Your Content or Previews for any period, and we may delete them under our retention practices. We may review, refuse, remove or disable any content that we believe breaches these Terms or the law, or that could expose TributeView, a Partner or anyone else to harm or liability.
4.6 Claims about Your Content. If anyone claims that Your Content infringes their rights, you will be responsible for that claim as described in section 12. If you believe content on the Service infringes your rights, please contact us at the address in section 16.
5. Previews you create
As between you and TributeView, TributeView owns the Service and all Previews and other images it generates, subject to any rights of third parties in Your Content. We grant you a non-exclusive, non-transferable, revocable licence to download, print and share Previews created under your account with families you serve, solely to present and sell memorials in the ordinary course of your business. You may not sell Previews on their own, use them to train or build any competing product, or remove any notice that a Preview is an illustration.
6. Acceptable use
You agree not to:
- upload content you do not have the right to use, or content that is unlawful, defamatory, obscene, hateful, harassing or misleading;
- use the Service to create images intended to deceive anyone, including fake proofs, false endorsements or images of real people without consent;
- access the Service by automated means, scrape it, or attempt to copy, reverse engineer or extract its designs, models or source code;
- share, sell or transfer sign-up codes, sign-in links or account access outside your business;
- interfere with the security or operation of the Service or attempt to exceed any limits on its use; or
- use the Service in breach of any law, or to build a competing product or service.
7. Programs and fees
TributeView does not offer free trials directly. Access may be provided under a program offered by a Partner, under a TributeView subscription plan, or both. Plans may include a set number of previews in each billing period, with a charge for each additional preview, as shown to you when you subscribe or in your account. Unless stated otherwise, fees are charged in advance, are non-refundable and exclude taxes, which you are responsible for. If you provide a payment method, you authorise us and our payment processor to charge it for all fees you incur. We may change our plans and fees on notice to you, with changes taking effect from your next billing period. We may suspend access if any amount is overdue.
8. Third-party services
The Service relies on third-party providers, including hosting, storage, payment and artificial-intelligence image providers, and may link to Partner portals and other third-party sites. Your use of third-party services may be subject to their own terms. We are not responsible for third-party services, and we do not control how Partners operate their own programs or portals.
9. Our intellectual property
The Service, including its software, design library, layouts, text, graphics, trademarks and the TributeView name, is owned by TributeView or its licensors and is protected by law. Except for the limited rights expressly granted in these Terms, no rights are granted to you. If you send us ideas or feedback, we may use them without obligation to you.
10. Disclaimers
THE SERVICE AND ALL PREVIEWS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, TRIBUTEVIEW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, AND ANY WARRANTY THAT A PREVIEW WILL MATCH A FINISHED MEMORIAL OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TRIBUTEVIEW, ITS PARTNERS AND THEIR RESPECTIVE OWNERS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, OR FOR THE COST OF ANY MEMORIAL, CARVING, ENGRAVING, REWORK OR REPLACEMENT, ARISING OUT OF OR RELATING TO THE SERVICE OR ANY PREVIEW, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO TRIBUTEVIEW FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (US$100).
12. Indemnification
You will defend, indemnify and hold harmless TributeView, its Partners and their respective owners, officers, employees, agents and service providers from and against any claims, demands, losses, liabilities, damages, fines, costs and expenses, including reasonable legal fees, arising out of or relating to: (a) Your Content, including any claim that an Uploaded Image or other content infringes or violates the rights of any person; (b) your use of the Service or of any Preview, including any memorial ordered, made or sold with its help; (c) your breach of these Terms or of any law; or (d) any dispute between you and a family, customer, supplier or Partner.
13. Suspension and termination
You may stop using the Service at any time. We or a Partner may suspend or end your access at any time, with or without notice, including if you breach these Terms, if a Partner program ends, or if required by law. Sections 4, 5, 9, 10, 11, 12, 14 and 15 survive the end of these Terms.
14. Governing law and disputes
These Terms are governed by the laws of the United States and of the state in which TributeView maintains its principal place of business, without regard to conflict-of-law rules. You agree that any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in that state, and you consent to the personal jurisdiction of those courts. Any claim must be brought within one year after it arises, and only on an individual basis, not as part of a class or representative action.
15. General
We may update these Terms from time to time. If we make material changes, we will update the effective date above and, where appropriate, notify you through the Service. Continued use of the Service after changes take effect means you accept the updated Terms. These Terms, together with any plan or order terms and our Privacy Policy, are the entire agreement between you and TributeView about the Service. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.
16. Contact
Questions about these Terms, or notices about content, can be sent to [email protected]. If you access TributeView through a granite company, you can also contact your representative there.