Terms of Service
These terms apply to Offline Luxury, the site at https://offline-luxury.vercel.app, and to the artifacts we post to you.
Offline Luxury is operated by Magnus LLC, a company in Tokyo, Japan. In these terms, "we" and "us" mean Magnus LLC. "You" means the person who registers.
By ticking the box on the registration form, you confirm that you are 18 or older and you agree to these terms and to the privacy policy. If you do not agree, do not register.
These terms and the privacy policy are published on the site and can be read at any time. You do not have to read them inside the 59-second registration window described in section 3. Read them before you open the registration page.
1. What the service is
Offline Luxury is a subscription. Each month we post a physical artifact, a card, to the address you give us.
The site does two things. It takes your address so that we can post to you. Later, after you have received your first card, it lets you submit material of your own through the Submit page.
Registration asks for your postal address (address line 1, address line 2, city, state or region, postal code and country) and your birth month and day. It does not ask for your birth year, your name, your email address or your telephone number, and no payment details are collected on the form. How we handle this data is set out in the privacy policy and summarised in section 6.
We need your postal address to post to you. If you do not give it, we cannot send you artifacts.
The service is currently free of charge. No payment is taken anywhere on the site.
2. Eligibility
You must be 18 or older to register. You confirm this by ticking the box on the form. We do not collect your birth year, so we rely on your confirmation and cannot check it against a date of birth.
If you are under 18, do not register. If we learn that a member is under 18, we will stop sending artifacts and delete their data.
3. Registration: the 59-second window and the 24-hour lockout
When you open the registration page, a 59-second window opens. You have that long to complete the form and submit it.
If the window closes before you submit, the site locks you out for 24 hours. When the 24 hours have passed, you can try again.
The site keeps track of the window and the lockout with two cookies, ol_deadline and ol_locked_until. Two further cookies record that you have submitted the form (ol_completed) and your language choice (ol_lang). All four are needed for the site to work, none of them is used for tracking or advertising, and they are described in the privacy policy.
This is how the site is designed to work. The window and the lockout are part of the design. They are not a security control, and they say nothing about you. If you are locked out, wait. The lockout ends on its own, and it does not affect any other right you have under these terms or under the law.
4. Your address
You are responsible for the address you give us. It must be an address you are entitled to receive post at, and it must be complete, correct and deliverable.
When you submit the form, we send the address once to the Address Validation API of Google LLC, a company in the United States, to check that it is deliverable. This check catches some errors. It does not catch all of them, and it does not guarantee delivery.
Because we hold no name, email address or telephone number for you, the address on record is how we identify you. If your address changes, email cameron@magnus.fyi and tell us the address on record and the new address. We may ask you to confirm details before we make the change. Until the change is made, we will keep posting to the address on record.
We are not responsible for artifacts that go astray because the address you gave was wrong, incomplete or out of date.
5. Delivery
We aim to post one artifact a month. We do not guarantee delivery, and we do not promise a delivery date.
Once an artifact is in the post, it is in the hands of postal services. It may be delayed, damaged or lost. This is outside our control. If you are a consumer, this paragraph does not reduce any right you have under the law of the country where you live.
We may use a printing and postal fulfilment provider to produce and post the artifacts. We have not yet chosen one. That provider will receive your postal address, without your name, and may use it only to produce and send the artifacts. We will name the provider, and say where it is, in the privacy policy once it is chosen.
If an artifact does not arrive, you can tell us at cameron@magnus.fyi. We will look into it, and we may send a replacement.
6. Your personal data
We collect and use personal data as described in the privacy policy. This section is a summary. If the two differ, the privacy policy governs.
What we collect. From the registration form: your postal address and your birth month and day. Technical data: the four strictly necessary cookies listed in section 3; aggregate, cookieless page-view statistics through Vercel Web Analytics, with no cross-site tracking and no advertising; and server logs, which Vercel holds for a short period.
What we use it for. To post artifacts to you, to check once that your address is deliverable, and to operate and secure the site. Under the GDPR and the UK GDPR, our lawful bases are your consent, given by ticking the box, and performance of the arrangement you have asked us for. Under Japan's Act on the Protection of Personal Information, this is our stated purpose of use.
Who receives it. Google LLC (address validation, once, at submission); Notion Labs, Inc., where your address and birth month and day are stored; Vercel Inc. (hosting, edge network and analytics); and, once chosen, the printing and postal fulfilment provider (your address, without your name). Google, Notion and Vercel are companies in the United States, and your data is stored and processed there. That is a transfer of your data outside Japan and, if you live in the EU or the UK, outside those areas. The privacy policy describes the transfer.
How long we keep it. While you are receiving artifacts and for 12 months after the last artifact is sent. We delete it earlier if you ask.
We do not sell personal data. We do not use it for advertising. We do not profile you.
Your rights. Access, correction, deletion, restriction, objection, portability and withdrawal of your consent at any time. Withdrawing consent does not undo what was done before you withdrew it, but it means we stop posting to you. You can complain to a supervisory authority (in the EU or the UK) or to Japan's Personal Information Protection Commission. The privacy policy explains how to exercise these rights. Questions about your data go to cameron@magnus.fyi.
7. Material you submit
After you have received your first card, you can submit material, such as photographs or writing, through the Submit page.
You keep ownership of everything you submit.
By submitting material, you grant us a non-exclusive, royalty-free licence to reproduce it, in whole or in part, in the artifacts and in material related to them, wherever the artifacts and related material go. This includes the adjustments needed to print it. We will not use your material for anything else without asking you.
Artifacts that have already been printed and posted cannot be recalled, so the licence continues for material already used in them, even after you stop being a member. If you ask us to, we will stop using your material in anything new.
You must have the right to submit the material. That means you created it, or you have permission from whoever did, and it does not break anyone's rights, including the privacy of any person shown or named in it. If your material shows or names another person, get their permission before you submit it.
We are not obliged to use anything you submit. We may decline material for any reason, and we choose which submissions appear in the artifacts.
You are responsible for what you submit. If a third party makes a claim against us because material you submitted broke their rights, you will cover our reasonable costs of dealing with the claim, to the extent that the claim results from your breach of this section and the law of the country where you live allows.
8. Acceptable use
Use the site only for what it is for: registering to receive artifacts, and submitting material.
If you break these rules, we may end the arrangement under section 9.
Do not:
- give an address that you are not entitled to use, or register on someone else's behalf without their permission
- misrepresent your age
- submit material that is unlawful, that infringes someone's rights, that is hateful, threatening or harassing, or that sexualises anyone under 18
- submit material that contains another person's personal data without their permission
- use automated tools to register, or to send requests to the site
- probe, scan or attack the site, or try to interfere with how it works, including the registration window and the lockout
9. Ending the arrangement
You can stop at any time. Email cameron@magnus.fyi and tell us the address on record. We will stop posting to it and handle your data as the privacy policy describes: we keep it for 12 months after the last artifact was sent, or delete it sooner if you ask.
We can end or pause the arrangement if you break these terms, if your address turns out to be undeliverable, if a problem arises that we cannot resolve with you, or if we stop running Offline Luxury. Where we can, we will tell you. Because we hold no email address or telephone number for you, that means by post to the address on record or by a notice on the site.
Ending the arrangement does not affect artifacts already posted, the licence in section 7 for material already printed, or the sections of these terms that by their nature continue: sections 7, 10, 11, 12 and 14.
10. No warranties
The site and the artifacts are provided as they are. We do not promise that the site will always be available or free of errors, that the registration window will suit your connection, or that an artifact will arrive on any date, or at all.
Nothing in this section takes away rights you have under law that cannot be excluded by agreement.
11. Limitation of liability
We are responsible for loss you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care. We are not responsible for loss that is not foreseeable, or that is caused by something outside our reasonable control.
In particular, and subject to the last paragraph of this section, we are not liable for delay, loss or damage in the post; for loss caused by an address you gave that was wrong, incomplete or out of date; for the site being unavailable; or for you missing the registration window or being locked out.
We are not liable for indirect losses, loss of profit or loss of business, however they arise.
Our total liability to you for everything arising from these terms and the service is limited to JPY [amount].
Nothing in these terms limits or excludes our liability for loss caused by our intentional act or gross negligence, for death or personal injury caused by our negligence, for fraud, or for anything else that the law does not allow us to limit or exclude. If you are a consumer, nothing in these terms reduces the rights you have under the consumer law of the country where you live, including, for consumers in Japan, the Consumer Contract Act.
12. Governing law
These terms are governed by the law of Japan.
If you are a consumer, this does not take away your right to rely on the mandatory consumer protection law of the country where you live, or, where that law gives you the right, to bring a claim in the courts of that country or to be sued only there. This applies in particular to consumers living in the European Union or the United Kingdom.
Before going to court, write to us at cameron@magnus.fyi. Most problems can be settled by email.
13. Changes to these terms
We may change these terms, for example to reflect a change in the service, in the law, or in the providers we use.
When we do, we will publish the new version on the site before it takes effect, with a new date at the top and the date it takes effect. Because we hold no email address or telephone number for you, we cannot notify you electronically; we may include a notice in the post with an artifact. Check this page from time to time.
The changed terms apply from the date they take effect. If you do not accept a change, tell us at cameron@magnus.fyi and we will end the arrangement under section 9.
14. General
If a court finds part of these terms unenforceable, the rest still applies.
If we do not enforce a term straight away, we can still enforce it later.
We may transfer our rights and obligations under these terms to a successor that takes over Offline Luxury. If we do, we will tell you in the way described in section 13, and your data will continue to be handled as the privacy policy describes.
These terms and the privacy policy are the whole agreement between you and us about the service.
If the English and Japanese versions of these terms differ, the English version governs.
15. Contact
Magnus LLC, [postal address], Tokyo, Japan.
Email: cameron@magnus.fyi. Use this address for questions about these terms, your data, your address, or anything else.