Terms of Use

Terms of Use for SortedGem

Effective Date: April 15, 2025

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

1. Acceptance of Terms

By accessing or using SortedGem (the "Site"), operated by Northern Light Publishing ("we," "us," or "our"), you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy, incorporated herein by reference. If you do not agree to all of these Terms, do not access or use the Site.

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes, we will provide notice of such changes, such as by updating the "Effective Date" above and/or posting a notice on the Site. Your continued use of the Site following the posting of changes will confirm your acceptance of the revised Terms.

2. Description of Service

The Site provides a platform for users to post and read reviews, opinions, and information about various products, services, and businesses. The Site also allows businesses ("Business Users") to promote their products or services, potentially through paid listings, sponsored content, or other promotional features ("Promotional Services"), subject to additional terms and payment obligations.

3. User Accounts

Registration: You may need to register for an account to access certain features, such as posting reviews. You agree to provide accurate, current, and complete information during registration and keep your account information updated.

Security: You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.

Eligibility: You must be at least 13 years old (or the age of legal majority in your jurisdiction) to create an account or use the Site.

4. User Conduct and Content

Responsibility: You are solely responsible for all content, including reviews, comments, information, and messages ("User Content") that you upload, post, publish, display, or email via the Site.

Prohibited Conduct: You agree not to use the Site to:

  • Post User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable.
  • Post User Content that is false, misleading, or intentionally inaccurate.
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
  • Post reviews for businesses you own, are employed by, or have a direct competitive relationship with, without clear disclosure, or post reviews in exchange for compensation without disclosure.
  • Post spam, chain letters, pyramid schemes, or unsolicited commercial messages.
  • Post User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
  • Upload viruses or malicious code.
  • Interfere with or disrupt the Site or servers or networks connected to the Site.
  • Violate any applicable local, state, national, or international law.

Review Guidelines: Reviews should be based on your actual experiences, be truthful, objective, and relevant to the product/service being reviewed. We reserve the right, but not the obligation, to monitor, edit, or remove User Content that violates these Terms or is otherwise objectionable.

License to User Content: By posting User Content on the Site, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating and providing the Site and for our promotional purposes, in any media formats and through any media channels. You represent and warrant that you have all rights necessary to grant this license.

5. Business Accounts and Promotional Services

Registration & Accuracy: Business Users registering for an account or purchasing Promotional Services must provide accurate and complete business information.

Promotional Content: Business Users are solely responsible for the content of their promotions, advertisements, and listings ("Promotional Content"). All Promotional Content must comply with these Terms, applicable laws, and advertising standards (including clear disclosure requirements for paid endorsements/testimonials as required by bodies like the FTC).

Disclosure: The Site may identify Promotional Content as "Sponsored," "Ad," "Promoted," or similar designation to distinguish it from organic User Content. Business Users agree to such disclosures.

Payment: Business Users agree to pay all applicable fees for Promotional Services as described on the Site or in a separate agreement. Payment terms are detailed below.

Compliance: Business Users represent and warrant that their Promotional Content and business practices comply with all applicable laws and regulations.

6. Payment Terms (for Business Users)

Fees: Fees for Promotional Services will be specified at the time of purchase. All fees are quoted in U.S. Dollars unless otherwise stated.

Payment: You authorize us (and our third-party payment processor(s)) to charge your chosen payment method for the fees incurred.

Billing Cycle: Services may be billed on a one-time, subscription, or other basis as indicated at purchase. Subscription services will automatically renew unless cancelled according to the cancellation policy.

Refunds: Unless otherwise explicitly stated at the time of purchase or required by law, all fees are non-refundable.

Taxes: You are responsible for paying all applicable taxes associated with your purchase of Promotional Services.

7. Intellectual Property Rights

Our IP: The Site and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Northern Light Publishing and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

User Content: As noted above, you grant us a license to use your User Content. You retain ownership of your User Content, subject to the license granted.

Copyright Infringement (DMCA): We respect the intellectual property rights of others. If you believe that any content on the Site infringes your copyright, please follow our DMCA notification process [Link to DMCA Policy/Procedure or outline it here, including designating an agent].

8. Disclaimers

"As Is" Basis: THE SITE AND ALL CONTENT (INCLUDING USER CONTENT AND PROMOTIONAL CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

No Guarantee of Accuracy: WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT AVAILABLE THROUGH THE SITE, INCLUDING USER REVIEWS OR PROMOTIONAL CONTENT. YOU RELY ON SUCH INFORMATION SOLELY AT YOUR OWN RISK. THE SITE MAY CONTAIN OPINIONS AND VIEWS OF OTHER USERS; WE DO NOT ENDORSE THESE OPINIONS.

Promotional Content: We are not responsible for the products, services, or claims made in Promotional Content. Dealings between you and Business Users found on or through the Site are solely between you and the Business User.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NORTHERN LIGHT PUBLISHING, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE OR ANY CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU, IF ANY, TO US FOR ACCESS TO OR USE OF THE SITE OR RELATED SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM ARISING, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

10. Indemnification

You agree to defend, indemnify, and hold harmless Northern Light Publishing, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

11. Termination

We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms. If you wish to terminate your account, you may simply discontinue using the Site or contact us. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Carlsbad, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

13. Miscellaneous

Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Northern Light Publishing regarding the use of the Site.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction.

14. Contact Information

Questions about the Terms of Use should be sent to us at:

Northern Light Publishing
6023 Innovation Way STE 200, Carlsbad CA
[Contact Email Address] <-- INSERT YOUR EMAIL HERE
https://www.sortedgem.com