Terms of Use

By accessing or using the websites (the “Site”) of Turtle Beach Corporation and its affiliates (“Turtle Beach,” “we,” or “us”), you accept and agree without modification to the following terms and conditions (the “Terms of Use”). The Terms of Use are a binding agreement between you and Turtle Beach and govern your access and use of the Site. You have a personal, limited, revocable, nonexclusive, nontransferable and non-sublicenseable license to use the Site conditioned on your continued compliance with these Terms of Use. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms of Use at any time. Please check this page periodically for changes. Your continued use of the Site indicates your acceptance of any revised Terms of Use. The Terms of Use were most recently updated in April, 2017.

All content on the Site is owned by Turtle Beach. You right to access and use the Site is limited to personal, non-commercial uses. Without the prior written consent of Turtle Beach, you may not copy, distribute, transmit, publicly display or reproduce in any manner the content of the Site for any commercial or public purpose.

USE OF THE SITE

As a condition of your use of the Site, you warrant to Turtle Beach that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not probe, scan or test the vulnerability of the Site. You may not access, or attempt to access, any non-public portion of the Site or any personal information (other than personal information about you). Turtle Beach reserves the right to monitor your use of the Site and to monitor your compliance with these Terms of Use. By using the Site, you acknowledge and consent to such monitoring.

USE OF PUBLIC FORUMS AND BULLETIN BOARDS1

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “communication services”). You agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service. By way of example, and not as a limitation, you agree that when using a communication service, you will NOT:
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the communication services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular communication service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Turtle Beach has no obligation to monitor the communication services, however, Turtle Beach reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. Turtle Beach reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever.

Always use caution when giving out any personally identifying information about yourself or your children in any communication service. Turtle Beach does not control or endorse the content, messages or information found in any communication service and, therefore, Turtle Beach specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorized Turtle Beach spokespersons, and their views do not necessarily reflect those of Turtle Beach.

Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO TURTLE BEACH OR POSTED ON THE SITE2

Turtle Beach does not claim ownership of the materials you provide to Turtle Beach (including feedback and suggestions) or post, upload, input or submit to the Site or its associated services (collectively “submissions”). However, by posting, uploading, inputting, providing or submitting your submission you are granting Turtle Beach, its affiliated companies and necessary sublicensees a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission and to publish your name in connection with your submission, subject to the terms of our Privacy Policy.

Turtle Beach is under no obligation to post or use any submission you may provide and may remove any submission at any time in Turtle Beach's sole discretion.

By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission and the use of the submission by Turtle Beach as described in this section will not infringe upon or violate another party’s intellectual property rights.

LINKS TO THIRD PARTY WEBSITES

The Site contains links to third-party websites. Accessing other websites from the Site is at your own risk and Turtle Beach is not responsible for the content of such websites. Turtle Beach is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Turtle Beach of the website or any association with its operators.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Turtle Beach Web Site are: Copyright 2016 by Voyetra Turtle Beach, Inc., Turtle Beach Corporation and/or their respective suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

COPYRIGHT INFRINGEMENT

Turtle Beach respects the intellectual property rights of others and expects you to do the same, including with respect to the U.S. Digital Millennium Copyright Act.

If you believe that any material on the Site infringes upon your copyrights, you may report the alleged copyright infringement by providing notice in writing (“Notice”) to Turtle Beach’s designated agent, which can be reached at: sales@turtlebeach.com

To be valid, your Notice must include each of the following:
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single Notice, a representative list of such works at the Site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Turtle Beach to locate the material, such as the URL of the link shown on the Site where such material may be found.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the Notice is accurate, and under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
  • Your contact information including your address, telephone number and, if applicable, email address.
  • Your physical signature.
For additional information regarding this procedure, please refer to Title 17, United States Code, Section 512(c).

Upon receipt of your Notice, Turtle Beach, in its sole discretion, will take whatever action it deems appropriate, including removal of the material that is the subject of the alleged copyright infringement.

ADDITIONAL POLICIES

Please read the Site’s Privacy Policy, which is made a part of the Terms of Use. In addition, the Site’s Terms of Sale apply to any purchase made through the Site and the rules of any contest conducted on the Site apply to any such contest.

DISCLAIMERS

TURTLE BEACH AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TURTLE BEACH AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TURTLE BEACH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TURTLE BEACH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL TURTLE BEACH’S TOTAL LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE EXCEED ONE HUNDRED U.S. DOLLARS ($100).

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

INDEMNIFICATION

Neither Turtle Beach nor any representative of Turtle Beach shall be liable in any way to you, and you agree to indemnify and hold harmless Turtle Beach and all such representatives for, from and against any and all claims, damages, judgments, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site, your breach of any representation, warranty or other provision of the Terms of Use, and/or your violation of the law or the rights of any third party.

NO JOINT VENTURE

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Turtle Beach as a result of the Terms of Use or your use of the Site.

ABILITY TO AGREE TO TERMS

You must be at least 13 years of age to use the Site. By using the Site, you affirm that you are either (i) at least 18 years of age or (ii) are between 13 and 17 years of age and have received your parent’s or legal guardian’s permission to use the Site or are an emancipated minor. If you are under the age of 13, please do not use the Site.

GENERAL PROVISIONS

To the maximum extent permitted by law, the Terms of Use are governed by the laws of the state of New York, without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any jurisdiction other than those of the state of New York, and you hereby consent to the exclusive jurisdiction and venue of the federal courts located in the Southern District of New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in full force and effect.

The headings in these Terms of Use are for convenience only and shall not affect the meaning or interpretation of these Terms of Use.

Except as otherwise specified herein, the Terms of Use constitute the entire agreement between you and Turtle Beach with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Turtle Beach with respect to the Site. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Failure of Turtle Beach to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

Turtle Beach reserves the right at all times to:
  • disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request;
  • to edit, refuse to post or to remove any information or materials, in whole or in part; or
  • to terminate a user’s access to the Site or any portion thereof.