Please read these Terms of Service (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you use the services provided to you by Eminence PTY LTD, (“Eminence”) provided through http://store.eminenceonline.com (“the Service” or “the Site”).

Eminence may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Eminence will be prospective only. You should periodically check this page to ensure that you understand the current Terms.

By entering and using the Site or the Service, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Eminence that you will use the Site and the Service only in a manner consistent with these Terms. If you do not agree with these Terms, please select “I do not agree” below, and discontinue your use of the Site and the Service.

You must be at least 13 years of age to use the Site or the Service. If you are under the age of 18, you must have the permission of a parent or guardian to use the Site or the Services.

1. Privacy. We have a firm commitment to safeguarding your privacy. Please review the Privacy Policy. The terms of the Privacy Policy are incorporated into, and considered part of, these Terms.

2. Trademarks. All brand, product and service names used in the Site and Service which identify Eminence, Echoes of War, Blizzard Entertainment, Inc. (“Blizzard”), “Warcraft,” “World of Warcraft,” “World of Warcraft: The Burning Crusade,” “World of Warcraft: Wrath of the Lich King” (collectively, “Warcraft”), “StarCraft,” “StarCraft: Brood War,” StarCraft II,” “StarCraft: Ghost” (collectively, “StarCraft”), “Diablo,” “Diablo II,” “Diablo II: Lord of Destruction,” Diablo III” (collectively, “Diablo”) or third parties and their products and services are proprietary marks of Eminence, Blizzard, and/or the relevant third parties. Nothing in the Site or the Service shall be deemed to confer on any person any license or right on the part of Eminence, Blizzard or any third party with respect to any such image, logo or name.

3. Conduct. You agree that you will use the Site and the Service in compliance with all applicable local, state, national and international laws, rules and regulations. You agree not to use the Site or the Service:
a. for any unlawful purposes;
b. to order for print or otherwise transmit or communicate any material that is obscene, offensive, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
c. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
d. to transmit any material which is likely to cause harm to the site's or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
e. to transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation; or
f. to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity.

You further agree that you shall not:
a. interfere with or disrupt (or attempt to interfere with or disrupt) the Site or the Service or servers or networks connected to the Site or the Service, or to disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Service;
b. provide any information to Eminence that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
c. use the Site or the Service for any commercial use or purpose.

4. Eligibility. You must be at least 13 years of age to use the Site or the Service. If you are under the age of 18, you must have your parent’s permission to use the Site or the Service. You or your parent agree(s) that any information that you provide to us will be true, accurate, current and complete. This is especially important with respect to your email address, because that is the primary way in which we will communicate with you about your orders. Your failure to supply accurate information shall constitute a material breach of these Terms.

5. Pricing and Product Information. All prices are stated in United States Dollars by default, or Australian Dollars, British Pound Sterling or Euros at the selection of the user and are valid until altered by us. Prices for international orders do not include delivery charges, sales tax or any import duties that may be added by the order destination country. Postage costs will be added to your order during the checkout process by user selection. Eminence makes every effort to provide current and accurate information about products, services and prices but we do not guarantee the accuracy of such information. Information about products is subject to change without notice. Prices are subject to change prior to our acceptance of your order. In the event that you order products and the price published on the Service was incorrect, Eminence will contact you to let you know the correct price and ask you whether you still wish to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.

6. Return Policy, Delivery and Shipping. You may return any item which was mistakenly shipped or which was damaged during shipping within 30 days of receipt. Upon return of your product in accordance with these Terms, Eminence will offer to either refund your money or replace your product, at its sole option.
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense. We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with courier partners who we believe will always do their best to deliver products by the estimated delivery date. It is the responsibility of the customer to inform Eminence if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from delivery. Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion.
Products are shipped from Japan using Japan Post's SAL (Economy Air) as selected during the customer's checkout process. SAL is usually delivered within 1 to 3 weeks after the order is shipped although may take up to 12 weeks.

7. Formation of a Binding Contract. No contract will exist between you and Eminence for the supply of any products unless and until Eminence accepts your order by a confirmatory e-mail or other appropriate means of communication.

8. Copyright. Eminence is, unless otherwise stated, the owner or licensee of all copyright and database rights in the Site, the Service and their contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set forth herein.

9. Disclaimer of Warranty and Limitation of Liability.
THE SERVICE, THE SITE, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, EMINENCE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE.

YOU UNDERSTAND AND AGREE THAT THE USE OF THE EMINENCE ECHOES OF WAR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USAGE OF THIS SITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY MISTAKE BY EMINENCE, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY, AS SET FORTH IN SECTION 6.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF EMINENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, EMINENCES’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00.

10. Indemnification. You understand and agree that you are personally responsible for your behavior in connection with the Service. You agree to indemnify, defend and hold harmless Eminence, Blizzard, and any of our subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents and any third-party information providers to the Site and the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal practitioner’s fees, resulting from or arising out of (a) material that you order through the Site and the Service, (b) any violation of these Terms of Service or (c) any violation of any rights of a third party.

11. Suspension of Access. You agree that Eminence may at any time without notice:
a. move, change, or suspend any part of the Site or the Service.
12. Applicable Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of New South Wales.

13. Miscellaneous. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are the complete and exclusive statement of the agreement between you and Eminence concerning the Site and the Service, and these Terms supersede any prior or contemporaneous agreement, either oral or written, and any other communication with regard thereto between you and Eminence. The section headings used herein are for convenience only, and shall not be read to have any legal effect.

If you require any further information or have questions about the information contained here, Eminence can be contacted by:
Tel: +61 2 8006 5029 Email: enquiries@eminenceonline.com