Terms & Conditions

1. Introduction

The following terms and conditions constitute a legally binding contract (this “Agreement”) between you (“you” or “your”) and Rolyer, LLC d/b/a “The LobsterClaus Company”, a Delaware corporation that governs all use by you of the lobsterclaus.com website (the “Site”) and the services available on or at the Site (taken together with the use of the Site, the “Services”). We’ll refer to Royler and The LobsterClaus Company and all of its subsidiaries and affiliated companies collectively as “LobsterClaus”, “we”, “our”, “us”, etc. LobsterClaus is an entertainment company that develops intellectual property and sells branded products (“Products”) manufactured by others.

The use of LobsterClaus.com and its services is offered subject to your acceptance, without modification, of all the terms and conditions contained herein. We also have additional policies, including our Privacy Policy, Shipping Policy, and Return Policy, which are part of this agreement and provide further terms applicable to the use of our Services. At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). You are responsible for reviewing these terms of use and understanding their content, as well as any amendments thereto.

BY USING OUR SITE OR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL RELATED POLICIES. If you do not agree to these terms, please refrain from using the Site or any Services. By placing an order for products or engaging with any features on LobsterClaus.com, you acknowledge that you accept and are bound by this agreement.

2. Content and Trademarks

All content on LobsterClaus.com—including text, images, graphics, logos, videos, animations, and other materials (collectively, the “Content”)—is owned by The LobsterClaus Company or its licensors and is protected by copyright and other intellectual property laws.
We want you to have a great time exploring our whimsical world, and we encourage creativity and personal enjoyment when it comes to LobsterClaus! However, there are a few guidelines to follow when using our Content:

Personal, Non-Commercial Use
We’re all about fun and adventure! You’re welcome to engage with the materials on our site and even create fan art and other personal projects inspired by LobsterClaus, as long as it’s for non-commercial, personal use only.

Feel free to:

  • Share your LobsterClaus-inspired creations with friends and family.
  • Post your fan art on social media.
  • Celebrate LobsterClaus in ways that bring joy to you and your loved ones!

Limited License
When certain features on our site allow for the downloading of specific content (like wallpapers or toolkits), you may download the content for personal, non-commercial use. This permission comes with the understanding that:

  • All copyright and proprietary notices must remain intact.
  • No modifications to the Content are allowed.
  • The downloaded Content cannot be used in any way that suggests endorsement by LobsterClaus without written permission.

Respecting Our Marks
All trademarks, service marks, logos, and trade dress on LobsterClaus.com are the property of The LobsterClaus Company or its licensors. You may not use these marks without express written consent, and certainly not for any commercial purposes. By using our Content in line with these guidelines, you’re helping to keep the magic of LobsterClaus alive while protecting the brand and its creative works. Thanks for being part of the adventure, and have fun creating!

3. Submissions

We’re excited to hear from our fans and welcome your creativity! Whether you’re submitting ideas, artwork, or participating in discussions, we want to ensure that you know how your submissions will be handled. Here’s what you need to know:

Types of Submissions
When interacting with LobsterClaus.com or sharing your creative works, there are two main types of submissions you can make:

  • Solicited Submissions: These are submissions we actively request, such as contest entries, participation in promotions, or contributions to specific activities we’ve set up on our site or social media. Solicited submissions might include fan art for a contest, story ideas for a writing challenge, or other creative expressions we encourage for specific purposes.
  • Unsolicited Submissions: These are submissions that we have not requested. While we love seeing your ideas and creativity, please understand that unsolicited submissions, like random story pitches or artwork sent without invitation, are not something we can review or provide feedback on.

What Happens to Your Submissions?

When you submit content to LobsterClaus.com, you are granting us a broad license to use that content in connection with the LobsterClaus brand. By submitting your content, you agree to the following:

  • License to Use: By submitting any content (fan art, stories, suggestions, etc.), you grant The LobsterClaus Company a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, display, distribute, and create derivative works of your submission. We may showcase your fan art, feature your ideas in our content, or use your submission for promotional purposes, all without requiring further permission or compensation.
  • No Expectation of Compensation: While we love featuring fan creations, submitting content does not entitle you to compensation unless expressly agreed upon in the case of a contest or promotion. You understand that we are under no obligation to use, display, or acknowledge your submission.
  • Attribution: While we try to give proper credit for fan-submitted content, we are not required to do so. If we use your submission, it may appear with or without attribution, depending on the context.

Unsolicited Submissions Policy

Please note that unsolicited submissions, including story ideas, characters, or new concepts for the LobsterClaus universe, are not something we can accept or review. This policy helps us avoid potential misunderstandings and legal complications, especially if projects developed by The LobsterClaus Company appear similar to your own work.
If you send us an unsolicited submission, you agree that:

  • The submission is made voluntarily and without any expectation of compensation or acknowledgment.
  • We are not obligated to review, use, or respond to your unsolicited submission.
  • Any similarities between your submission and existing or future projects developed by us are purely coincidental.

Solicited Submissions for Contests and Promotions

From time to time, we may run contests, promotions, or special events that invite you to submit your fan art, stories, or other creative content. In these cases, there may be specific rules and conditions that apply in addition to these general terms. Be sure to review the official contest rules before submitting your entry, as they will take precedence over these terms if there is any conflict.

Be Mindful of Public Submissions
If you submit content to public areas of our site, such as comments, forums, or social media platforms, please remember that these are public spaces. Any personal information, creative works, or comments you post can be viewed by others. We encourage you to share responsibly and protect your privacy.

4. Content and Services

We strive to provide you with the best possible experience on LobsterClaus.com, but please understand that our services are offered on an “as is” basis, and interruptions or errors may occasionally occur. You use our services at your own risk, and we make no guarantees regarding uninterrupted access or error-free services.

Fan Content and User-Generated Material
We encourage creativity, and you may come across fan content or user-generated material that others have posted. While we appreciate our community’s contributions, we do not make any representations or warranties regarding the accuracy, legality, or appropriateness of user-generated content. If you encounter content that you find offensive or inappropriate, please note that such content is the responsibility of the individual who posted it. We are not liable for any content posted by others.

Third-Party Services
Our site may include links to third-party websites or services that are not controlled by us, such as links to social media platforms like Instagram or Pinterest. When you access these third-party services, you do so at your own risk and are subject to their terms and conditions. The LobsterClaus Company is not responsible for any agreements you may enter into with third parties or for any liability arising from your use of third-party services.

Service Limitations

  • We aim to ensure the best possible service, but please be aware that:
  • Our services may not be available at all times or in all locations.
  • Errors may occur, and while we will strive to correct them, we cannot guarantee that all issues will be resolved.
  • We do not guarantee that our site or services will be free of viruses or other harmful materials.
  • The results of using our services may not always meet your expectations.

5. Limitation of Liability

To the fullest extent permitted by law, The LobsterClaus Company and its affiliates, officers, employees, agents, licensors, or service providers (“LobsterClaus Parties”) shall not be liable for any damages arising out of or related to your use of or inability to use our services, including but not limited to:

  • Indirect, Incidental, or Consequential Damages: This includes any loss of profits, revenues, data, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.
  • Special, Exemplary, or Punitive Damages: This includes any damages awarded as a result of intentional wrongdoing, negligence, or misconduct, regardless of the legal theory (contract, tort, or otherwise) upon which the claim is based.
  • Diminution in Value: This includes any decrease in the value of the products or services you purchased or used through LobsterClaus.com.
  • Physical or Property Damage: This includes any harm to you, others, or property that may occur as a result of using our products or services, whether or not you were advised of the possibility of such damages.

Maximum Liability
Our total liability to you for all claims arising from your use of our site, products, or services, regardless of the form of action (contract, tort, or otherwise), will not exceed the amount you actually paid to LobsterClaus.com for the product or service in question.

Assumption of Risk
By using LobsterClaus.com and its services, you acknowledge that you do so at your own risk. You agree to release the LobsterClaus Parties from any claims or liability related to the use of our services, except where prohibited by law.

Jurisdictional Exceptions
Some jurisdictions do not allow the exclusion or limitation of certain types of damages (such as incidental or consequential damages). In such jurisdictions, the limitations and exclusions in this section will apply to the maximum extent permitted by law, but some provisions may not apply to you. By using LobsterClaus.com, you agree to these limitations of liability and assume full responsibility for your interactions with our services.

6. Description of Products

At The LobsterClaus Company, we work with third-party manufacturers to bring our whimsical designs and products to life. While we don’t manufacture any products directly, we collaborate with trusted partners to ensure high-quality items. However, there are certain limitations in product representations and fulfillment processes that we want to make you aware of.

Product Representation
We make every effort to ensure that the product descriptions and images on our website are as accurate as possible. This includes using photography, product descriptions, and details provided by designers. However, due to differences in display settings, lighting, and other factors, we cannot guarantee that the colors and details shown on our website will be an exact match to the physical product. Additionally, sizes and measurements listed on our site may be approximate.

Continuous Product Development
In our effort to bring you the best possible designs and experiences, we reserve the right to update or modify product specifications, pricing, packaging, or any services associated with our products at any time, without prior notice. We recommend that you review the product details closely before making a purchase to ensure it meets your expectations.

Product Substitutions
In the event that a product is out of stock or unavailable, we may offer substitute products from our partners to avoid delays in order fulfillment. We strive to find suitable alternatives, but substitutions may occur without express notice. We do not charge extra for substitutions, and if a replacement product costs less, you’ll be refunded the difference.

7. Purchase of Products

When you place an order through LobsterClaus.com, you are purchasing a product for which you have paid the applicable fees and charges that we have accepted. Please be aware of the following guidelines to ensure a smooth purchasing and delivery process:

Order Placement
Orders must be placed and received exclusively via our website. Before completing your purchase, it is your responsibility to ensure that all delivery details are accurate, including:

  • Recipient’s full name,
  • Correct delivery address and postal/ZIP code,
  • Current telephone number,
  • Valid email address.

Failure to provide accurate information may result in missed or delayed deliveries, for which The LobsterClaus Company is not responsible. We cannot accept liability for orders that cannot be delivered due to incorrect or incomplete delivery information provided at checkout.

Accuracy of Checkout Information
All information requested on the checkout page must be filled out accurately. If there is a typo or an error in the delivery details, and the package cannot be delivered, we are not responsible for replacing or refunding the product. If you realize there is an error after placing your order, please contact us as soon as possible to request changes.

Order Acceptance
Not all orders are guaranteed to be accepted. We reserve the right to refuse any order at our sole discretion. Only products for which you have received an official order confirmation form part of a valid purchase contract. If any items in your order are not accepted, they will not be considered part of the contract.

Order Holds
We reserve the right to place your order on hold in certain circumstances, including:

  • Security concerns,
  • Need for address confirmation,
  • Any other issues that may affect the fulfillment process.

If your order is placed on hold, we will notify you and provide a 30-day period to resolve the issue. If the issue is not resolved or the order is not cancelled within that time frame, we will cancel the order. For any changes to your delivery address, phone number, or special requirements after placing an order, please contact us immediately. We will do our best to accommodate your request, but we cannot guarantee that changes can be made once the order has been processed. By placing an order through our site, you agree to these terms and take responsibility for ensuring that all necessary information is correct for a successful purchase and delivery.

8. Delivery

At The LobsterClaus Company, we work hard to ensure that your products are delivered as efficiently as possible. However, please note the following important information about our delivery process:

Delivery Estimates
While we strive to provide accurate delivery estimates at checkout, we cannot guarantee specific delivery dates. Delivery times may vary depending on your location, the type of product, and other factors beyond our control. Any delivery estimates provided are simply average projections and may change. We will make every effort to notify you of any known delays or changes to your delivery schedule, but The LobsterClaus Company is not liable for delays beyond the estimated delivery date.

Delivery Costs
You are responsible for covering the cost of delivery, which is added to the product price at checkout. Delivery prices may vary based on your location, the size and type of products ordered, and whether the destination is considered remote or difficult to access. Standard delivery charges will be displayed during checkout, but in certain cases, we may inform you of additional charges if applicable to your specific delivery address.

Multiple Shipments
Some products may be packaged and shipped separately. This could result in multiple deliveries for a single order. Rest assured, you will be provided with all the necessary tracking information for each shipment.

Ownership and Transfer of Risk
Ownership of the products, along with the associated risk, transfers to you once the order is paid in full (including delivery fees) and the products have been handed over to the carrier. From that point forward, the products are legally yours, and The LobsterClaus Company is no longer responsible for any loss or damage that may occur during the shipping process.

Global Shipping
We offer delivery to most locations worldwide. However, please be aware that some remote or hard-to-reach areas may incur additional delivery fees, which we will communicate to you as needed.

No Guarantee on Delivery Collaborations
While we may collaborate with third-party carriers and service providers for delivery, The LobsterClaus Companydoes not guarantee the performance or outcomes of these collaborations. Once the products are with the carrier, any further coordination regarding delivery will be based on the carrier’s terms and services.

9. Release

To the fullest extent permitted by law, you agree to release The LobsterClaus Company and its affiliates, officers, employees, agents, licensors, service providers, and any related parties (collectively, the “LobsterClaus Parties”) from any and all claims, demands, damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses incurred or suffered by any LobsterClaus Party. This release applies to any claims or matters:

  • Disclaimed by The LobsterClaus Company: This includes any rights, claims, or matters that have been explicitly disclaimed under this agreement, including but not limited to those related to product descriptions, delivery estimates, or other service limitations.
  • Indemnified or Released: Any claims or liabilities for which you have agreed to indemnify or release The LobsterClaus Company under the terms of this agreement.

By using LobsterClaus.com and its services, you waive any right to bring legal action against us for matters covered by these disclaimers or releases. If you do not agree with this release, you must discontinue use of the site and its services.

10. Indemnity

To the fullest extent permitted by law, you agree to defend, indemnify, and hold The LobsterClaus Company and its affiliates, officers, employees, agents, licensors, and service providers (“LobsterClaus Parties”) harmless from any claim, demand, or legal action brought by a third party, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses incurred by the

LobsterClaus Parties arising out of or related to:

  • Breach of Agreement: Your violation or breach of any terms of this Agreement.
  • Use or Misuse of Services: Your use, misuse, or abuse of our services, including any unauthorized activities.
  • Content: Any content you submit, post, or share through our services that may infringe on another person’s intellectual property rights, violate their rights, or result in legal action.
  • Legal Violations: Any violation of laws or third-party rights resulting from your actions.

Customer Claims: If applicable, any claims related to misrepresentations made by you to customers or claims for physical injury or property damage caused by products sold through our services.
We reserve the right to assume control of our legal defense, even if you are responsible for indemnifying us. In such cases, you agree to cooperate fully with our defense strategy.
By agreeing to these terms, you accept responsibility for any legal or financial consequences arising from your actions that affect The LobsterClaus Company or third parties.

11. Governing Law

This Agreement, along with any disputes or claims arising out of or in connection with it (including non-contractual disputes and claims), will be governed by the laws of the State of Florida, without regard to its conflict of laws principles. If any legal issues arise between you and The LobsterClaus Company, the laws of Florida will apply, no matter where you are located or reside. However, if you are a customer residing in the European Economic Area (EEA), Switzerland, or the United Kingdom, the laws of the Republic of Latvia will govern any disputes relating to this Agreement. This choice of law does not affect your rights as a consumer in your home country, meaning you may still rely on the mandatory provisions of the laws in your country of residence.

For Customers in the European Union and the United Kingdom:

  • You have the option to contact your local consumer protection authorities for assistance or utilize the European Commission’s platform for alternative dispute resolution for any out-of-court dispute resolution needs.
  • By agreeing to these terms, you consent to the application of the appropriate governing laws based on your location.

12. Arbitration and Jury Trial Waiver

By using the services of The LobsterClaus Company, you agree that any legal disputes (“Disputes”) between you and The LobsterClaus Company will be resolved through arbitration, with limited exceptions as outlined below. This means you waive your rights to a trial by jury or participation in a class action.

Definition of Disputes
“Disputes” refers to all claims and controversies arising out of or related to this Agreement or the use of our services, including non-contractual claims, but excluding:

  • Claims under the Limited Warranty.
  • Claims brought by customers residing in the European Economic Area (EEA), Switzerland, or the United Kingdom, which will be resolved in their respective courts.

Binding Arbitration
All disputes shall be resolved through final and binding arbitration, conducted in English, and administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, which are incorporated into this Agreement by reference. Arbitration hearings will take place in Brevard County, Florida, unless otherwise agreed by both parties. The Federal Arbitration Act will govern the arbitration proceedings, and the arbitrator’s decision shall be final and binding, with judgment enforceable in any court of competent jurisdiction.

Court Jurisdiction and Venue
If arbitration is not applicable or a dispute requires legal action outside the scope of arbitration (for example, claims seeking injunctive relief), you agree that such disputes shall be filed in, and venue shall properly lie, only in the state or federal courts located in Brevard County, Florida. You hereby consent to the personal jurisdiction of such courts for the purposes of litigating any such action.

Choice of Law
This Agreement and all disputes arising out of or related to it, including any non-contractual disputes, shall be governed by the laws of the State of Florida, without regard to its conflict of law principles. We make no representation that Content on any Site or Service is appropriate or available for use in any particular location. Those who choose to access a Site or Service do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

Individual Arbitration Only
Arbitration will only take place on an individual basis, meaning neither the arbitrator nor the AAA can conduct class arbitrations, class actions, or resolve claims of more than a single claimant unless both parties consent. Each claim will be handled as a separate proceeding.

Waiver of Jury Trial and Class Action
To the fullest extent permitted by law, you and The LobsterClaus Company knowingly, voluntarily, and irrevocably waive the right to a trial by jury for any disputes covered by this Agreement. This waiver is a critical condition of this Agreement. Furthermore, you and The LobsterClaus Company waive all rights to participate in class actions, class arbitrations, or any joint dispute resolution involving multiple claimants.

Small Claims Court Option
Despite the arbitration agreement, you may choose to bring your dispute in small claims court, provided that:

  • You notify us in writing of your intention to do so before submitting a claim to arbitration.
  • Your claim qualifies for small claims court.
  • The claim remains individual and not representative of a group.

Injunctive or Equitable Relief
Both parties reserve the right to seek injunctive or equitable relief from a court of appropriate jurisdiction, pending the final outcome of arbitration.

Fees and Expenses
You and The LobsterClaus Company will share the costs of arbitration equally, unless otherwise specified by the AAA’s rules. The arbitrator may also award attorneys’ fees and other expenses to the prevailing party, in accordance with the applicable rules.
By agreeing to this section, you accept that arbitration will be the exclusive method for resolving disputes, and you waive your right to a jury trial or to participate in a class action.

13. General

By using the services of The LobsterClaus Company, you agree to the following general terms and conditions:

No Agency or Employment Relationship
Using our services does not create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between you and The LobsterClaus Company. You are simply a customer engaging with our products and services under these terms.

Force Majeure
The LobsterClaus Company will not be held responsible or liable for any failure to perform or delay in performing any obligation under this Agreement if such failure or delay is caused by circumstances beyond our reasonable control. These circumstances may include but are not limited to:

  • Natural disasters (fire, flood, earthquake)
  • Governmental action, war, invasion, or civil unrest
  • National emergencies or acts of terrorism
  • Epidemics or pandemics
  • Labor disputes, strikes, or shortages of materials
  • Telecommunication breakdowns or power outages
  • In such cases, our obligations under this Agreement will be suspended for the duration of the event causing the delay.

Data and Privacy
By using our services, you represent that you have the necessary rights and permissions to provide any personal data required for order fulfillment, and that such data is processed in accordance with our Privacy Policy. In some cases, The LobsterClaus Company may need to access user accounts to ensure proper support and service, as outlined in our Privacy Policy.

Severability and Assignment
If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, that provision will be struck, and the remaining terms will remain in full effect.
The LobsterClaus Company reserves the right to transfer or assign this Agreement, including any rights or obligations, at any time, with notice to you. This may include engaging third-party services for product manufacturing or fulfillment. If you are a customer in the European Economic Area or the United Kingdom, and such a transfer or assignment reduces your rights under this Agreement, we will seek your consent beforehand.

No Waiver
Failure by The LobsterClaus Company to enforce any right or provision of this Agreement does not constitute a waiver of that right. We reserve the right to take action in response to any breach of this Agreement at any time, even if we did not act on a previous breach.

Questions and Contact
If you have any questions or concerns regarding this Agreement or any other policies, feel free to contact us at legal@lobsterclaus.com. These terms ensure that your interactions with us are protected and transparent, and we encourage you to review them carefully.