Obscura uses the Unreal® Engine. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States of America and elsewhere.
Unreal® Engine, Copyright 1998 – 2017, Epic Games, Inc. All rights reserved.
By accessing, experiencing or starting the product OBSCURA, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the product OBSCURA. The materials contained in this product are protected by applicable copyright law.
The materials in the product OBSCURA are provided on an ‘as is’ basis. Michael Hegemann makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Michael Hegemann does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the product OBSCURA or otherwise relating to the product.
In no event shall Michael Hegemann or his associates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the product OBSCURA, even if Michael Hegemann or a authorized representative of Michael Hegemann has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing in the product OBSCURA could include technical, typographical, or photographic errors. Michael Hegemann does not warrant that any of the materials in the product OBSCURA are accurate, complete or current. Michael Hegemann may make changes to the materials contained in the product OBSCURA at any time without notice. However Michael Hegemann does not make any commitment to update the materials in the product OBSCURA.
Michael Hegemann may revise these terms of service for his products at any time without notice. By experiencing OBSCURA you are agreeing to be bound by the then current version of these terms of service.
These terms and conditions are governed by and construed in accordance with the laws of Germany and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
You acknowledge that Michael Hegemann is not responsible directly or indirectly for any bodily or psychological harm and property damage you may experience while using the product OBSCURA.
OBSCURA does not collect any personal or private information.
OBSCURA includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Michael Hegemann, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Michael Hegemann, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Product OBSCURA, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve the product OBSCURA, or will not revoke approval of the product OBSCURA for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Michael Hegemann and Epic. Michael Hegemann, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Michael Hegemann, Epic, Epic’s licensors, nor its or their affiliates, nor any of Michael Hegemann's or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Michael Hegemann, Epic, Epic’s licensors, nor its or their affiliates, nor any of Michael Hegemann’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Michael Hegemann’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Michael Hegemann, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Michael Hegemann, Epic, Epic’s licensors, its and their affiliates, and any of Michael Hegemann’s or Epic’s service providers shall be limited to the full extent permitted by law.