I encountered this as well. Preset-4 for is your super bass mode. This is better for music or movies.
The main preset also encounters audio/bass distortion during Tomb Raider. I remedied this by download a preset for Uncharted 3 on the Turtblebeach website. It lowers the bass just well enough to not crackle and the game sounds fantastic. They're several different Uncharted 3 presets on the site, I believe the one I downloaded was for the single player experience.
It's just lack of games right now, give it time. The DS had it rough before the good software started pouring in too. While the list of games you presented are very cool and exciting titles, not all of them our currently on the market. All that matters is what is on store shelves right now...and it just isn't good enough.