TERMS OF USE

For purposes of these Terms, “Observed Effect,” “we,” “us,” and “our” refer to the owner and operator of Observed Effect.

By accessing or using the Site, you agree to these Terms. If you do not agree to these Terms, you should not use the Site.

1. Eligibility

Observed Effect is intended for a general audience and is not directed to children under 13 years of age.

Individuals under the age of 13 may not create an account, submit poll or quiz responses, post or submit content, or otherwise provide personal information through the Site.

If you are under the age of majority in your jurisdiction, you should use the Site only with the involvement and permission of a parent or legal guardian where required by applicable law.

By using the Site, you represent that you are legally permitted to do so and that your use of the Site does not violate applicable law.

2. Polls, Surveys, and Quizzes

Observed Effect provides polls, surveys, quizzes, and similar interactive features relating primarily to combat sports, martial arts, athletes, competitions, training, culture, opinions, experiences, and related subjects.

Participation is voluntary unless expressly stated otherwise.

Poll and survey results reflect responses submitted by participating users. Unless specifically identified as scientific or statistically representative research, results should not be interpreted as representing the views of the entire population, combat sports community, any particular martial art, organization, demographic group, or other population.

Observed Effect may establish rules, limitations, eligibility requirements, response limits, geographic restrictions, time periods, or other conditions for individual polls, surveys, or quizzes.

We may use technical and administrative measures to help enforce those restrictions.

3. Poll Integrity and Manipulation

Users may not intentionally manipulate, distort, interfere with, or fraudulently influence polls, surveys, quizzes, ratings, rankings, or other interactive features of the Site.

Prohibited conduct includes, without limitation:

• Using bots, scripts, automated systems, or similar technologies to submit responses;
• Circumventing response limits or other participation restrictions;
• Creating or using multiple accounts or identities for the purpose of submitting additional responses;
• Coordinating fraudulent or artificial voting activity;
• Buying, selling, or exchanging votes or responses;
• Interfering with the operation or security of a poll, survey, quiz, or the Site;
• Attempting to exploit technical vulnerabilities to alter results; or
• Knowingly submitting false information where accurate information is specifically required for participation.

Observed Effect may, in its discretion, identify, exclude, invalidate, remove, or disregard responses that we reasonably believe resulted from manipulation, fraud, abuse, technical errors, duplicate participation, or violations of these Terms.

We are not obligated to disclose the methods used to detect or prevent manipulation.

4. Poll Results, Analytics, and Data

By voluntarily submitting responses to a poll, survey, quiz, or similar feature, you acknowledge that your responses may be collected, analyzed, aggregated, compared, summarized, displayed, published, and otherwise used by Observed Effect in connection with operating and developing the Site.

Observed Effect may use submitted responses to create poll results, statistics, charts, graphs, rankings, reports, downloadable materials, articles, social media content, historical comparisons, analyses, and other presentations of information.

Where responses are presented in aggregate or anonymous form, you understand that your response may remain incorporated into previously generated statistics, analyses, reports, or publications even if an associated account is later deleted, except where applicable law requires otherwise.

Observed Effect may correct, remove, exclude, or recalculate data when we reasonably believe doing so is necessary because of duplicate responses, manipulation, fraud, technical errors, data corruption, eligibility issues, or similar concerns.

Nothing in these Terms guarantees that results will remain permanently available or unchanged.

5. Ownership of Site Content

Unless otherwise indicated, the Site and the original content created by Observed Effect are owned by or licensed to Observed Effect.

This includes, to the extent protected by applicable law, the Site’s design, branding, logos, written content, original graphics, quiz material, poll presentation, selection and arrangement of content, analyses, charts, reports, databases, compilations, and other original materials.

You may access and use the Site for ordinary personal, noncommercial purposes.

Except where expressly permitted by Observed Effect or applicable law, you may not reproduce, republish, distribute, sell, license, modify, create commercial derivative works from, or commercially exploit Observed Effect content.

6. Automated Access, Scraping, and Data Extraction

Unless we provide express written permission, you may not use automated systems to systematically access, scrape, crawl, extract, copy, download, collect, or reproduce content or data from Observed Effect.

This restriction includes using automated methods to:

• Build or supplement commercial databases;
• Republish Observed Effect poll or survey datasets;
• Systematically copy poll questions, quiz questions, results, analytics, or other content;
• Create competing polling, quiz, analytics, or content services;
• Circumvent technical restrictions or access controls; or
• Train, develop, evaluate, or supply datasets for artificial intelligence, machine learning, or similar automated systems.

Ordinary indexing by legitimate search engines in accordance with generally accepted web standards is not prohibited by this section.

Observed Effect may provide certain information, downloads, feeds, APIs, widgets, embed tools, or other methods of accessing content. Where we do so, use of those features remains subject to any limits or conditions accompanying them.

7. Sharing Observed Effect Results

You may ordinarily share links to publicly accessible Observed Effect polls, quizzes, articles, and result pages.

You may also discuss or reference Observed Effect results for commentary, journalism, criticism, education, or other lawful purposes.

However, you may not falsely represent Observed Effect data, materially alter results while presenting them as authentic Observed Effect results, remove attribution in a misleading manner, or falsely claim that Observed Effect endorses you, your organization, your product, or your conclusions.

Any use of Observed Effect content remains subject to applicable intellectual property law.

8. User-Submitted Content

Certain areas of the Site may allow users to submit comments, written responses, suggestions, photographs, usernames, profile information, poll ideas, quiz material, or other content (“User Content”).

You retain whatever ownership rights you otherwise have in User Content you create.

By submitting User Content to Observed Effect, you grant Observed Effect a nonexclusive, worldwide, royalty-free, transferable and sublicensable license to host, store, reproduce, display, publish, distribute, adapt, format, and otherwise use that content as reasonably necessary to operate, promote, improve, and provide the Site and its content.

This license does not transfer ownership of your User Content to Observed Effect.

You represent that you have the necessary rights to submit any User Content you provide and that our permitted use of that content will not violate the rights of another person or entity.

9. Prohibited Content and Conduct

You may not use the Site to submit, publish, transmit, or facilitate content or conduct that:

• Violates applicable law;
• Infringes copyrights, trademarks, privacy rights, publicity rights, or other legal rights;
• Contains malicious software, harmful code, or attempts to compromise the Site;
• Impersonates another person or organization in a materially deceptive manner;
• Constitutes unlawful threats, harassment, fraud, or exploitation;
• Attempts to obtain unauthorized access to accounts, systems, data, or restricted areas;
• Disrupts or places unreasonable demands on the Site’s infrastructure;
• Attempts to manipulate polls, quizzes, results, analytics, or other features; or
• Uses the Site for unlawful commercial solicitation, spam, or similar abusive activity.

Observed Effect may remove content, restrict access, suspend accounts, block participation, or take other reasonable action in response to suspected violations.

10. Moderation

Observed Effect may, but is not obligated to, review or moderate User Content.

The presence of User Content on the Site does not mean that Observed Effect endorses, approves, verifies, or agrees with it.

We reserve the right to remove, restrict, edit, hide, or decline to publish User Content when we reasonably determine that doing so is appropriate for the operation of the Site, enforcement of these Terms, protection of users, or compliance with law.

Moderation decisions are made at our discretion except where applicable law provides otherwise.

11. Accounts

If account functionality is offered, you are responsible for maintaining the confidentiality of your login credentials and for activity occurring through your account.

You agree to provide reasonably accurate information where such information is required and to promptly notify Observed Effect if you believe your account has been accessed without authorization.

You may not sell, transfer, or provide access to an account for purposes of circumventing Site restrictions or manipulating Site features.

Observed Effect may suspend, restrict, or terminate accounts that violate these Terms or that we reasonably believe present a security, fraud, abuse, or operational risk.

12. Combat Sports Content

Combat sports, martial arts, physical training, sparring, and competition involve inherent risks.

Content appearing on Observed Effect may discuss techniques, training methods, strategies, injuries, competition, fitness, weight classes, equipment, or other subjects associated with combat sports.

Such content is provided for informational, discussion, educational, or entertainment purposes and is not personalized medical, legal, health, fitness, or professional coaching advice.

You are responsible for deciding whether and how to participate in combat sports or other physical activities.

13. Third-Party Content and Links

The Site may contain links, embeds, advertisements, references, or integrations involving third-party websites, social media services, videos, products, organizations, promotions, gyms, athletes, or other resources.

Observed Effect does not control third-party websites or services and is not responsible for their availability, content, security, privacy practices, products, services, or actions.

Your interactions with third parties are governed by the terms and policies applicable to those third parties.

14. Advertising, Sponsorships, and Affiliate Relationships

Observed Effect may display advertising, sponsored material, affiliate links, paid partnerships, promotional content, or other commercial material.

Where required, material relationships will be disclosed in accordance with applicable requirements.

Advertisers and sponsors are responsible for the claims they make regarding their own products or services. The appearance of advertising or promotional material on Observed Effect does not necessarily constitute an endorsement by Observed Effect.

15. Copyright and Intellectual Property Complaints

Observed Effect respects the intellectual property rights of others.

If you believe content appearing on the Site infringes intellectual property rights that you own or are authorized to enforce, you may contact Observed Effect using the contact information provided on the Site.

Your notice should identify the protected work, the allegedly infringing material, where the material appears, your contact information, and the basis for your claim.

We may remove or restrict access to material when appropriate.

16. Privacy

Your use of the Site is also subject to the Observed Effect Privacy Policy, which explains how information may be collected, used, stored, and disclosed.

By using the Site, you acknowledge that you have had an opportunity to review the Privacy Policy.

17. Disclaimer

Your use of Observed Effect is also subject to the Observed Effect Disclaimer.

The Disclaimer contains additional information regarding poll and survey results, accuracy, combat sports information, third-party content, and reliance upon information published through the Site.

18. Site Availability and Changes

Observed Effect does not guarantee that the Site or any particular feature will always be available, uninterrupted, secure, or error-free.

We may add, modify, suspend, restrict, replace, or discontinue portions of the Site at any time.

We may also change the format, methodology, presentation, categories, questions, response options, calculations, visualizations, or availability of polls, quizzes, analytics, or other features.

We are not responsible for losses resulting solely from the modification, suspension, or discontinuation of a free Site feature to the fullest extent permitted by applicable law.

19. No Guarantee of Accuracy

While Observed Effect may make reasonable efforts to provide accurate information, we do not guarantee that Site content, poll results, quiz information, statistics, rankings, calculations, or other information will always be complete, accurate, current, or error-free.

Poll results may change as additional responses are received or when invalid, duplicate, fraudulent, or erroneous responses are identified and removed.

Users should independently evaluate information before relying upon it for important decisions.

20. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

OBSERVED EFFECT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, ITS AVAILABILITY, ITS CONTENT, POLL OR QUIZ RESULTS, USER CONTENT, THIRD-PARTY MATERIAL, OR ANY PRODUCTS OR SERVICES REFERENCED THROUGH THE SITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OBSERVED EFFECT DISCLAIMS IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

21. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OBSERVED EFFECT AND ITS OWNERS, OPERATORS, CONTRIBUTORS, AFFILIATES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM RELIANCE ON SITE CONTENT, USER CONTENT, POLL RESULTS, QUIZ RESULTS, THIRD-PARTY CONTENT, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR INTERRUPTION OF SERVICE.

Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law.

22. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Observed Effect and its owners, operators, affiliates, agents, and service providers from claims, liabilities, damages, losses, and reasonable costs arising from your material violation of these Terms, your unlawful use of the Site, your User Content, or your violation of another party’s rights.

This provision does not require you to indemnify Observed Effect for conduct for which indemnification may not lawfully be required.

23. Suspension and Termination

Observed Effect may suspend, restrict, or terminate access to the Site or particular Site features when we reasonably believe a user has violated these Terms, manipulated Site features, threatened Site security or integrity, engaged in unlawful activity, or created a substantial risk to Observed Effect or other users.

Termination does not eliminate provisions that by their nature are intended to survive termination, including provisions concerning intellectual property, licenses already granted, disclaimers, limitations of liability, indemnification, and dispute resolution.

24. Changes to These Terms

Observed Effect may update these Terms periodically.

When we make changes, we may update the “Last Updated” date appearing at the top of this page and, when appropriate, provide additional notice.

Your continued use of the Site after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

Material changes will not be applied retroactively where doing so would be prohibited by law.

25. Governing Law

These Terms and any dispute arising from or relating to the Site, your use of the Site, or these Terms will be governed by the laws of the State of Missouri, United States, without regard to conflict-of-law principles, except to the extent that applicable federal law controls or applicable law requires otherwise.

26. Jurisdiction and Venue

To the fullest extent permitted by applicable law, any legal action or proceeding arising from or relating to these Terms or the use of Observed Effect shall be brought exclusively in an appropriate state court located in Jasper County, Missouri.

Where federal subject-matter jurisdiction applies and the matter may properly be heard in federal court, the action shall be brought in the United States District Court for the Western District of Missouri in the division serving Jasper County.

You and Observed Effect consent to personal jurisdiction and venue in those courts and waive objections to those courts based solely upon inconvenient forum, except where such consent or waiver is prohibited by applicable law.

27. Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the greatest extent permitted by law or severed where necessary.

The remaining provisions will remain in effect.

28. No Waiver

A failure by Observed Effect to enforce a provision of these Terms on one occasion does not waive the right to enforce that provision or another provision in the future.

29. Assignment

You may not assign or transfer your rights or obligations under these Terms without prior written permission from Observed Effect.

Observed Effect may assign or transfer its rights and obligations in connection with a merger, acquisition, sale, restructuring, transfer of the Site, or similar business transaction, subject to applicable law.

30. Entire Agreement

These Terms, together with the Observed Effect Privacy Policy, Disclaimer, and any additional terms expressly applicable to a particular Site feature, constitute the agreement between you and Observed Effect concerning your use of the Site.

If additional terms applicable to a specific feature conflict with these Terms, the more specific terms will control with respect to that feature.

31. Contact

Questions regarding these Terms may be submitted using the contact information or contact methods provided on the Observed Effect website.