WEBSITE TERMS & CONDITIONS

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:

your right to access and use the Site is limited to personal, non-commercial uses; and
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, without the prior written consent of Turtle Beach.

USE OF THE SITE

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.

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 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:

infringe upon or violate another party's rights including intellectual property or privacy rights; or
be misleading, deceptive, abusive, offensive, harassing, defamatory, fraudulent, vulgar, obscene, profane or harmful.

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.

COPYRIGHT AND TRADEMARK NOTICES:

TRADEMARKS

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

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: 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:

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.

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.

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 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.

YOUR CONSUMER RIGHTS

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.

DISCLAIMERS

Subject to Your Consumer Rights and otherwise to the maximum extent permitted by law:

Turtle Beach and its suppliers, webhosting platform and other service providers 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. 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.

Turtle Beach or its suppliers, webhosting platforms and other service providers shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or 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, webhosting platforms and other service providers has been advised of the possibility of damages.

Where any law implies a warranty into or in connection with these Terms of Use or the Site, and which may not lawfully be excluded, then to the maximum extent permitted by law, the liability of Turtle Beach and its suppliers, webhosting platform and other service providers for breach of the warranty will, at our option, be limited to the repair of the goods, the resupply of the goods or services or the payment of the cost of having them repaired or resupplied.

INDEMNIFICATION

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.

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 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.

GENERAL PROVISIONS

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.

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