By accessing or using the websites (the "Site") of Voyetra Turtle Beach, Inc. 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. Previous uses of the Site will be subject to the Terms of Use that applied at that time. Please also note our privacy policy. The Terms of Use were most recently updated in April 2021. Customers outside Australia should reference the respective terms of use applicable to their jurisdiction.
All content on the Site is owned by or licensed to Turtle Beach. Except as otherwise permitted by the Copyright Act 1968 (Cth) or other applicable law:
As a condition of your use of the Site, you represent and 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 or use any robot, spider, scraper or other automated means to access the Website 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).
Always use caution when giving out any personal 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.
Turtle Beach does not claim ownership of the materials you provide to Turtle Beach (including reviews and images). However, by posting, providing or submitting your materials you are granting Turtle Beach, its affiliated companies and sublicensees a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use your submission in connection with the reasonable operation of their 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 first name and your last initial in connection with your submission, subject to the terms of our Privacy Policy.
Turtle Beach is under no obligation to post or use any materials you may provide and may remove any materials at any time in Turtle Beach's sole discretion.
By posting, uploading, inputting, providing or submitting your materials you warrant and represent that you own or otherwise control all of the rights to your materials and the use of the materials by Turtle Beach as described in this section will not:
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.
All contents of the Turtle Beach Web Site are: Copyright 2021 by Voyetra Turtle Beach, Inc., Turtle Beach Corporation and/or their respective suppliers. All rights reserved.
The names of companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
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: webmaster@turtlebeach.com. For any matters regarding our privacy policy please email privacy@turtlebeach.com.
To be valid, your Notice must include each of the following:
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.
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.
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 restrict, suspend or 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.
You may have rights under applicable consumer protection legislation, such as the Australian Consumer Law, which cannot be excluded, restricted or modified by these Terms of Use (“Your Consumer Rights”). You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.
Subject to Your Consumer Rights and otherwise to the maximum extent permitted by law:
You agree to indemnify and hold harmless Turtle Beach and all representatives of Turtle Beach 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, except to the extent caused or contributed to by us.
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.
You must be at least 18 years of age to use the Site. By using the Site, you affirm that you are either at least 18 years of age. If you are under the age of 18, please do not use the Site.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then to the extent permitted by law 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.