LEGAL NOTICE, DISCLAIMER & RIGHTS STATEMENT

1. OPERATOR IDENTIFICATION (MANDATORY LEGAL DISCLOSURE)

This website is operated by an individual natural person, in accordance with Romanian Law no. 365/2002 on electronic commerce.

Legal name: Cernescu Sergiu Alexandru

Fiscal/Professional Address: Arad, Arad, Romania

Capacity: Independent creator and rights holder

Contact Email: contact@storknestgames.com

Jurisdiction: Romania (European Union)

The disclosure of the operator's personal name and address is made exclusively to comply with mandatory Romanian legal requirements regarding website transparency (Art. 5 of Law 365/2002) and shall not be interpreted as consent for any other use of this information.

Any misuse of this personal data may constitute a violation of GDPR and Romanian civil law.

The publication of the operator's name does not constitute an invitation to legal action, public debate, harassment, or unsolicited contact, nor does it imply professional, commercial, or public-figure status.

3. STATUS OF STORKNEST GAMES

StorkNest Games is currently an unincorporated creative label / trade name used by Cernescu Sergiu Alexandru for artistic and development purposes.

At the time of publication:

• StorkNest Games is not a registered legal entity (no SRL, SA, or other corporate form)
• StorkNest Games is not a registered trademark with EUIPO or OSIM
• StorkNest Games is not a registered business name with the Romanian Trade Registry (ONRC)
• StorkNest Games does not possess legal personality

Use of the ™ symbol reflects a claim of common-law trademark rights based on actual use, where applicable under Romanian and EU law, and does not imply EUIPO, OSIM, or any national trademark registration.

All goodwill, reputation, and associated rights remain vested exclusively in the individual creator, Cernescu Sergiu Alexandru.

4. INTELLECTUAL PROPERTY OWNERSHIP

Unless explicitly stated otherwise, all content on this website — including but not limited to:

• Game concepts, mechanics, and systems
• Narrative elements, storylines, and dialogue
• Characters, their names, likenesses, and backstories
• Worldbuilding, lore, and fictional settings
• Visual identity, art direction, and aesthetic choices
• Logos, icons, and graphic designs
• Written text, descriptions, and documentation
• Audio-visual materials, including music and sound effects
• Trailers, videos, and promotional materials
• Screenshots and visual captures
• Design documents and technical specifications
• Source code and software implementations

are original works owned by Cernescu Sergiu Alexandru and are protected under:

• Romanian Law No. 8/1996 on Copyright and Related Rights
• EU Directive 2001/29/EC (Information Society Directive)
• EU Directive 2019/790 (Digital Single Market Directive)
• The Berne Convention for the Protection of Literary and Artistic Works
• The WIPO Copyright Treaty
• All other applicable international copyright conventions

No license, permission, or right of use — whether express or implied — is granted by mere access to, viewing of, or interaction with this website or its contents.

5. TRADEMARK POSITION & NON-REGISTRATION NOTICE

5.1 Trademark Status

"Under the Eye" and "StorkNest Games" are used as identifiers of creative origin and source.

Explicit declaration: No claim is made that these marks are registered with:

• The European Union Intellectual Property Office (EUIPO)
• The Romanian State Office for Inventions and Trademarks (OSIM)
• The World Intellectual Property Organization (WIPO)
• Any national or international trademark authority

5.2 Common-Law Rights Claim

The use of ™ indicates a claim of common-law trademark rights arising from actual use in commerce and creative activity, to the extent such rights are recognized under applicable law. This does not constitute a false or misleading assertion of registered trademark status.

5.3 Good-Faith Use Declaration

The operator uses the names "StorkNest Games" and "Under the Eye" in good faith as identifiers of creative origin. The operator:

• Does not assert exclusive nationwide or EU-wide trademark rights
• Does not claim registration status
• Does not intend to mislead the public regarding the nature of these marks
• Reserves the right to seek formal registration in the future

5.4 Unauthorized Use

Notwithstanding the above, unauthorized commercial use, impersonation, passing-off, or misappropriation of these identifiers may constitute:

• Unfair competition under Romanian Law No. 11/1991
• Passing-off under common law principles
• Infringement of unregistered trademark rights where recognized
• Other actionable conduct under applicable law

6. NON-INFRINGEMENT & INDEPENDENT CREATION DISCLAIMER

All creative works presented on this website, including the game "Under the Eye", are the result of independent creative effort by the operator.

The operator affirms that:

• All works are original creations or properly licensed
• No intentional copying or derivation from third-party works has occurred
• Any similarity to existing works is coincidental or falls within permissible transformative use

Any similarity to:

• Real persons (living or deceased)
• Historical figures
• Organizations, companies, or institutions
• Governments or governmental bodies
• Real-world events
• Political or philosophical ideologies
• Other creative works

is coincidental or used in a fictional, artistic, satirical, or transformative context protected by freedom of expression.

7. FICTION & ARTISTIC EXPRESSION NOTICE

"Under the Eye" is entirely a work of fiction.

All characters, events, organizations, locations, and scenarios depicted are products of the creator's imagination or are used fictitiously.

Themes inspired by historical or political systems are used solely for:

• Artistic expression
• Narrative storytelling
• Critical commentary
• Satirical purposes
• Educational exploration

These themes do not represent, endorse, or promote any real government, ideology, political movement, or individual.

The work does not:

• Endorse, promote, or glorify real-world extremism
• Advocate for totalitarianism or authoritarianism
• Incite hatred, violence, or discrimination
• Constitute political propaganda or messaging

The creator exercises their fundamental right to freedom of artistic expression as protected by Article 10 of the European Convention on Human Rights, Article 11 of the Charter of Fundamental Rights of the European Union, and Article 30 of the Romanian Constitution.

11. RIGHT TO MODIFY, SUSPEND, OR TERMINATE CONTENT

11.1 Reservation of Rights

The operator reserves the absolute and unconditional right to, at any time and without prior notice:

• Modify, update, or change any content on this website
• Add or remove features, pages, or sections
• Suspend or discontinue the website temporarily or permanently
• Change the design, structure, or functionality of the website
• Modify or cancel any announced projects
• Change release dates, features, or specifications of projects
• Discontinue development of any project entirely

11.2 No Liability for Changes

The operator shall not be liable to any party for any modification, suspension, discontinuation, or termination of:

• Website content or availability
• Project development or release
• Announced features or specifications
• Release schedules or timelines

11.3 Force Majeure

The operator shall not be liable for any failure or delay in updating the website or delivering projects due to circumstances beyond reasonable control, including but not limited to:

• Acts of God, natural disasters, or severe weather
• War, terrorism, civil unrest, or armed conflict
• Government actions, regulations, or restrictions
• Pandemics, epidemics, or public health emergencies
• Infrastructure failures, including internet or hosting outages
• Cyberattacks, hacking, or security breaches
• Third-party service failures
• Personal health issues or emergencies
• Any other circumstances beyond reasonable control

13. THIRD-PARTY PLATFORMS & EMBEDS

This website may contain links to, references to, or embedded content from third-party platforms and services, including but not limited to:

• YouTube / Google
• X (formerly Twitter)
• TikTok
• Steam / Valve Corporation
• Discord
• itch.io
• Ko-fi
• Social media platforms

13.1 No Control or Responsibility

The operator has no control over and assumes no responsibility for:

• The content, privacy policies, or practices of third-party platforms
• Data collection or tracking by third-party services
• Availability or functionality of third-party services
• Any damages arising from interaction with third-party platforms

13.2 Third-Party Terms

Users interacting with third-party content or platforms are subject to those platforms' respective terms of service and privacy policies. The operator encourages users to review such policies before interaction.

14. DATA PROTECTION (GDPR)

14.1 Data Controller

Controller: Cernescu Sergiu Alexandru (natural person)

Contact: contact@storknestgames.com

The publication of the controller's name is required by Romanian law regarding website operator transparency.

14.2 Data Categories Collected

• Technical Usage Data: IP addresses and strictly necessary security cookies (e.g., Cloudflare tokens) required to prevent fraud and DDoS attacks.
• Email addresses: Only if you voluntarily contact us or subscribe to the newsletter.

14.3 Legal Bases for Processing

• Legitimate interest (GDPR Art. 6(1)(f)) — website hosting, security, DDoS protection, performance optimization
• Consent (GDPR Art. 6(1)(a)) — newsletter subscription (you may withdraw consent at any time)
• Contractual necessity (GDPR Art. 6(1)(b)) — replying to your inquiries or requests

14.4 Third-Party Processors & Controllers

Your data may be processed by the following third parties:

• Cloudflare, Inc. — hosting, CDN, security, DDoS protection
• ConvertKit (Seva Inc.) — email newsletter management
• Ko-fi Labs Limited — donations and supporter payments
• Keymailer Ltd. — press and content creator key distribution
• Discord Inc. — community platform and communication

Each third party operates under their own privacy policy. We encourage you to review their respective policies.

14.5 Your Rights

Under GDPR, you have the right to:

• Access — obtain confirmation and a copy of your personal data
• Rectification — correct inaccurate or incomplete data
• Erasure — request deletion of your data ("right to be forgotten")
• Objection — object to processing based on legitimate interest
• Complaint — lodge a complaint with the Romanian supervisory authority: ANSPDCP (Autoritatea Națională de Supraveghere a Prelucrării Datelor cu Caracter Personal), www.dataprotection.ro

To exercise your rights, contact: contact@storknestgames.com

16. COPYRIGHT NOTICE

© 2024-2026 Cernescu Sergiu Alexandru. All rights reserved.

StorkNest Games™ and Under the Eye™ are trademarks of Cernescu Sergiu Alexandru.

No part of this website may be reproduced, distributed, or transmitted in any form or by any means without prior written permission, except as permitted by applicable copyright law.

For permissions, contact: contact@storknestgames.com

17. POST-INCORPORATION TRANSITION CLAUSE

In the event that Cernescu Sergiu Alexandru incorporates a legal entity (including but not limited to a Romanian SRL, SA, or other corporate form) for the purpose of continuing game development, publishing, or commercial activity under the name StorkNest Games, the following shall apply:

17.1 Continuity of Rights

All intellectual property rights, moral rights, economic rights, goodwill, and creative works referenced on this website or associated with the project "Under the Eye" shall be deemed to have originated with Cernescu Sergiu Alexandru prior to incorporation.

17.2 Assignment or Licensing

Upon incorporation, such rights may be:

• Assigned in whole or in part, or
• Exclusively or non-exclusively licensed

to the newly formed legal entity, at the sole discretion of the rights holder.

No implied assignment or automatic transfer of rights shall be assumed by third parties.

17.3 No Pre-Incorporation Liability Transfer

The future legal entity shall not assume liability for any actions, representations, omissions, or obligations occurring prior to its formal registration, unless explicitly stated in a written agreement executed by both the individual and the legal entity.

17.4 Brand Continuity

Use of the names "StorkNest Games" and "Under the Eye" by the future legal entity shall be considered a continuation of the same creative origin and goodwill, without prejudice to prior authorship or ownership claims by the individual creator.

17.5 Public Information Update

Upon incorporation, the operator identification and legal disclosures on this website may be updated to reflect the new legal entity. Such updates shall not affect the validity of previously published content or rights established prior to incorporation.

17.6 No Waiver of Rights

Nothing in this clause shall be interpreted as a waiver, abandonment, transfer, or limitation of any rights held by the original creator prior to or during the incorporation process.