TERMS AND CONDITIONS
Last update: August 26, 2024
1. APPLICABILITY
This EULA (“End User License Agreement”) applies to the website, the products, and the intellectual property rights of Andrew Fly.
• Genealogy Audio is a sub-brand of Cinematic Alpha, and all related content, including the slogan “Your Sound Legacy Tree” is protected by copyright.
• By purchasing Genealogy products, buyers acknowledge and accept responsibility that Genealogy Player may undergo updates and may not function correctly on certain architectures. Buyers agree not to claim any refunds, as Genealogy Player is considered an experimental product.
2. LICENSE GRANT
The product is licensed to a single user only, allowing individual or commercial use of Cinematic Alpha® products.
• Sounds and samples aren’t sold but licensed. A single user can install the library on their computer. The samples contained in the library cannot be copied or cloned into commercial products.
• None of the content of the library can be used for commercial machine learning derivative products.
• The slogans “JUST PLAY MUSIC!” and “NO ORDINARY SAMPLES” are already copyrighted, and unauthorized use will be reported to the local authorities of the Supreme Court of Mexico.
Scope: These terms and conditions govern the use of Cinematic Alpha libraries (“Libraries”) in conjunction with music generated by AI systems employed by companies for the purpose of creating auto-generated music.
Prohibition: The use of Cinematic Alpha Libraries in any music created by musicians employed by AI companies for the production of auto-generated music is strictly prohibited.
• Intellectual Property Rights: Users are reminded that the Cinematic Alpha Libraries are protected by intellectual property rights, including but not limited to copyright laws. Any unauthorized use of these Libraries is a violation of these rights.
Enforcement: Violation of these terms and conditions may result in legal action against the infringing party. Cinematic Alpha reserves the right to pursue all available remedies to enforce these terms, including seeking damages for any losses incurred.
Exceptions: These terms and conditions do not apply to the use of Cinematic Alpha Libraries in music created by human musicians independently of AI systems.
Modification: Cinematic Alpha reserves the right to modify these terms and conditions at any time without prior notice. Users are encouraged to review these terms periodically for updates or changes.
• By using Cinematic Alpha Libraries, you agree to abide by these terms and conditions. Failure to comply may result in legal consequences.
3. RESALE
• The user can’t share, copy, sell, or distribute the sample library to anyone else. It’s also forbidden to distribute the library in any form, including packaging in loop and sample packs, multi-samples, patches in a sampler, or any music-oriented and sample playback device. Filtering, layering, combining, and re-synthesizing the samples doesn’t change the above rule.
4. RIGHTS
• Andrew Fly retains the copyright and ownership of the sounds and programs included in this product. Genealogy Audio, as a sub-brand of Cinematic Alpha, is also protected under these rights.
5. REFUNDS
Because the customer is aware that our products, once downloaded to the computer, cannot be deactivated remotely, we do not provide refunds.
• No refund policy is in place for issues related to our shopping cart, including but not limited to connectivity issues, multiple download attempts, or any other problems that may arise during the product download process.
Cinematic Alpha will review the information provided by the customer during the support process, utilizing screenshots to accurately and comprehensively identify the issue.
• In exceptional cases, such as temporary disruptions of Pulse and our Digital Ocean cloud, Cinematic Alpha may offer remote assistance services with the customer’s permission or provide alternative download links.
If the product appears incomplete after downloading with Pulse Downloader, we kindly ask you to send us a screenshot for analysis with the Pulse team. Refunds are not provided until the case is resolved.
If an unverified PayPal account payment attempts to steal one of our products using the dispute technique, we will take legal action against scammer attacks and piracy attempts by reporting suspicious criminal activity to CISA.
In the rare event that a customer accidentally purchases a product twice, we cannot offer a refund, but we are happy to offer a discount on any other products as a gesture of goodwill.
6. TERMINATION
• The license ends if the user breaks any of the terms and conditions of this EULA. Andrew Fly has the right to terminate the license if the user doesn’t respect this EULA.
7. RESPONSIBILITIES
Cinematic Alpha shall not be responsible for any losses incurred if the website becomes (temporarily) inaccessible. It is the user’s obligation to save a backup copy of the product for future use. Cinematic Alpha has no responsibility if the user is unable to use our products.
Native Instruments Kontakt License Full is a third-party program required for our products.
If we detect an unsuccessful or pending payment attempt and you’ve been charged for unrecognized amounts due to multiple attempts, it’s important to note that Cinematic Alpha doesn’t manage banking transactions directly. Erroneously charged amounts may be refunded within 10 business days from the date of the purchase transaction.
Cinematic Alpha cannot be held responsible for any incomplete payments. If a payment is rejected by our Shopping Cart system due to suspected fraudulent activity, a download link will not be issued unless the buyer can provide irrefutable evidence (PayPal transaction ID along with the shopping cart transaction ID—neither negates the other). In the case of buyer misconduct, such as scams, we reserve the right to restrict future purchases associated with the provided email address.
Please be advised that our customer care service reserves the right to refuse to respond to any requests that may contain provocative or disruptive behavior, which could potentially harm our sales and business operations. We value our relationships with customers, but we will take measures to prevent any instances of commercial espionage.
8. DIGITAL MUSIC RECOGNITION
Cinematic Alpha won’t be liable for any problems caused by Digital Music Recognition or Content ID, as many composers encounter issues due to the malfunction of algorithms that do not work correctly.
9. UNAUTHORIZED USE OF CINEMATIC ALPHA PRODUCTS
Cinematic Alpha will not allow any unauthorized use of its logo, products, or trademarks by users who do not hold a valid license. Any transgressor using an unauthorized copy of our product will be prosecuted to the full extent of the law.
10. LINKS EXPIRATION
Cinematic Alpha reserves the right not to renew the download links of its products to reduce the risk of piracy. We highly recommend saving the product immediately to the memory storage of your computer.
Cinematic Alpha, during the modification of its website, may lose old URL addresses; therefore, it does not assume responsibility for the loss of any outdated or obsolete information.
11. BUSINESS REPUTATION
In case of reputation damage, Cinematic Alpha will report the issue to the local legal authorities of the Supreme Court of Mexico (ARTICLE 214 CIUDÁD DE MÉXICO, G.O. MAY 19th, 2006).
If you want to report a violation of our licensing terms, send an email to: hello@cinematicalpha.com