Terms & Conditions


We welcome all users (“you” or “your”) to our website www.turtlebeach.com. 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-sublicensable 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 December, 2020. 


All users, including those who are less than 18 years of age, should read our U.S. Privacy Policy www.turtlebeach.com/pages/privacy and EU Privacy Policy eu.turtlebeach.com/pages/privacy, uk.turtlebeach.com/pages/privacy (collectively, the “Privacy Policies”) available on our Site. By agreeing to these Terms of Use, you also agree to the terms of the Privacy Policies. All personal information provided to us will be processed in accordance with the Privacy Policies. To the extent there are inconsistencies between these Terms of Use and the Privacy Policies, these Terms of Use will control.


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, republish, distribute, transmit, transfer, sell, assign, license, sublicense, publicly display or reproduce in any manner the content of the Site for any commercial or public purpose.

USE OF THE SITE


By using the Site, you represent and warrant that all information you submit to us through the Site is truthful and accurate; you will maintain the accuracy of such information; you are 13 years of age or older; and your use of the Site does not violate these Terms of Use, or any applicable law or regulation. Your account profile may be deleted and your account may be terminated without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18. 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 or use any robot, spider, scraper or other automated means to access the Site without our express written permission. However, the provision in the prior sentence shall not apply to indexing or updating of search engines. You may not access, or attempt to access, any non-public portion of the Site or any personal information about a user (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 BOARDS


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 unlawful, fraudulent, inappropriate, profane, libelous, defamatory, infringing, racist, sexist, abusive, obscene, indecent, unlawful or otherwise objectionable 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. 

  • Use the Turtle Beach name, domain name, trademark, logo or insignia in your user or screen name or in any other manner that would imply you are affiliated with Turtle Beach. 

  • Pretend that you are, or that you represent someone else or impersonate any other person.

  • Conduct or forward surveys, contests, pyramid schemes or chain letters. 

  • Use the Site to direct traffic to other websites. 

  • 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.

Any of your submission through the communication services may be routed through our servers, third party servers on our behalf, and the Internet (where it may be viewed by general public), and therefore, you have no expectation of privacy for any submitted content. Since we cannot guarantee security of information submitted through communication services, your use is at your own risk. Turtle Beach has no obligation to monitor the communication services either. 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 SITE


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 "User Content"). You retain ownership of any intellectual property rights that you hold in that User Content. However, by posting, uploading, inputting, providing or submitting User Content, you irrevocably grant Turtle Beach and its affiliated companies, successors, assigns, and licensees,  a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use User Content 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 User Content and to publish your name in connection with your submission, subject to the terms of the Privacy Polices, and hereby release us from any liability with respect thereto .


Turtle Beach may refuse to accept or transmit User Content for any reason at its sole discretion. Turtle Beach may also delete or remove User Content from the Site for any reason at its sole discretion.


By posting, uploading, inputting, providing or submitting your User Content you warrant and represent that you own or otherwise control all of the rights to your User Content and the use of your User Content 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 or the products provided by such websites. Turtle Beach is providing these links to you only as a convenience, and the inclusion of any link does not imply Turtle Beach endorses, guarantees or accepts any responsibility for the content or products on such website or any association with its operators. You are solely responsible for determining the extent to which you use any content at any third-party website to which you might link from our Site.


Turtle Beach is not responsible or liable for any loss or damage incurred as a result of any dealings with any third-party webisite, any merchant or operator of a third-party website, or any other person with whom you may engage in any transaction.

COPYRIGHT AND TRADEMARK NOTICES:


All contents of the Turtle Beach Web Site are: Copyright 2020 by Voyetra Turtle Beach, Inc., Turtle Beach Corporation and/or their respective suppliers. All rights reserved.

TRADEMARKS


Turtle Beach® is a registered trademark of Turtle Beach. Turtle Beach and other marks indicated on our Site are trademarks or registered trademarks of Turtle Beach. All rights in such names are reserved.


All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Turtle Beach or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Turtle Beach or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any trademark of Turtle Beach or any third party. Any rights not expressly granted herein are reserved.

COPYRIGHT


Except for your User Content (defined below), all copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by Turtle Beach or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of Turtle Beach or any third party.


The Site and the information contained on it are for your personal, non-commercial use only. Except as otherwise specifically permitted in these Terms of Use, you will not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Site, or use the contents of the Site in litigation, or for any commercial or promotional purposes, without the express written consent of Turtle Beach or its lawful successors and assigns.

NOTICE OF COPYRIGHT AND TRADEMARK 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 your work has been copied and is accessible on the Site in a way that constitutes infringement, 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.

  • An electronic or 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.

INTERNATIONAL ORDERS


Our services are intended for customers in the United States. While Turtle Beach may accept your orders placed outside the United States, Turtle Beach may not have any branch, local helpdesk, or other presence in the country where you placed your order to ensure that the goods ordered by you will be delivered to you or returned to Turtle Beach. Please note that international shipping rates may apply to your order. 

RISK OF LOSS


All products purchased from the Site, whether placed within or outside the United States, are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Turtle Beach. Title to products purchased on the Site, as well as the risk of loss for such products, pass to you when Turtle Beach delivers these items to the carrier. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

PRODUCT INFORMATION


Turtle Beach attempts to be accurate in describing and depicting its products. We do not warrant that product descriptions, depictions, colors, dimensions, or other content of the Site are complete, reliable, current, or error-free. In some cases, merchandise displayed for sale at the Site may not be available in retail stores. Unless otherwise stated, the prices displayed at the Site are quoted in U.S. Dollars. Please see “International Orders” section for detailed information about orders placed outside of the United States.


Despite our best efforts, it is possible that items in our online catalog may be mispriced and errors may occur. Although it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or an offer to sell a product or service. We reserve the right to correct pricing errors. If the correct price of an item is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel the order and notify you of the cancellation.

DISCLAIMERS


YOU USE THE SITE AT YOUR OWN RISK. THE SITE AND ALL OF ITS CONTENT, INCLUDING INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TURTLE BEACH, ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.


IN PARTICULAR, TURTLE BEACH, ITS AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE. TURTLE BEACH, ITS AFFILIATES, AND SUPPLIERS WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.


YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TURTLE BEACH, ITS AFFILIATES, AND ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ANY STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, TURTLE BEACH’S AND ITS AFFILIATES’ MAXIMUM TOTAL LIABILITY TO YOU FOR ALL CLAIMS UNDER THESE TERMS OF USE OR OTHERWISE IN CONNECTION WITH THE SITE IS LIMITED TO ACTUAL DAMAGES IN THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100) REGARDLESS OF THE BASIS OF THE CLAIM. 


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


Turtle Beach, its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, and licensors shall not be liable to you in any way unless otherwise indicated in this Terms of Use. You agree to defend, indemnify, and hold harmless Turtle Beach and its affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by Turtle Beach arising out of or relating to your use, or anyone using your account’s use, of the Site, your violation of these Terms of Use, or your violation, or anyone using your account’s violation, of any rights of another. 

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


The Site is not intended for anyone under the age of 13. If you are under the age of 13, please do not use the Site. For our other restrictions that are applicable to minors, please refer to our Privacy Policies. 

TERM


These Terms of Use are effective until terminated by Turtle Beach. Turtle Beach may terminate these Terms of Use with respect to you or any other third party without notice at any time for any reason. Upon termination, all rights granted in these Terms of Use shall immediately cease to exist and you must promptly discontinue all use of the Site. In addition, in the event that we determine, in our sole discretion, that you have breached these Terms of Use, we reserve the right to terminate access to the Site and take any action which we, in our sole discretion, deem to be appropriate. In the event this agreement is terminated, the restrictions regarding Site content, and the representations and warranties, indemnification and limitations of liabilities set forth in these Terms of Use will survive termination.

GOVERNING LAW


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.

GENERAL PROVISIONS


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.


Nothing contained in these Terms of Use will take away from Turtle Beach the right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Turtle Beach with respect to such use. As such, 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

  • to terminate a user's access to the Site or any portion thereof