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TERMS AND CONDITIONS

TERMS UPDATED ON April 3, 2024 (Valid for all products)


1. APPLICABILITY

 

This EULA (“End User License Agreement”) applies to the website, the products and the intellectual property rights of Andrew Fly.

 

2. LICENSE GRANT

 

  • The product is licensed to a single user only, it is allowed the individual or commercial use of the Cinematic Alpha®.

 

  • Sounds and samples aren’t sold, but licensed, A single user can install the library on his 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 slogan "JUST PLAY MUSIC!" and "NO ORDINARY SAMPLES" are already copyrighted, the unauthorized use of them will be reported to local authorities of 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 taken 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, distribute the sample library to anyone else. It’s also forbid to distribute the library in any kind of form including: packaging in loop and sample packs, multi-samples, patches in a sampler, or any kind of music oriented and sample playback device. Filtering, layering, combining and re-synthesizing the samples doesn’t change the above rule.

 

4. RIGHTS

 

  • Andrew Fly always keeps the copyright and ownership of the sounds, the programs included in this product.

 

5. REFUNDS

  • Because the customer is aware that our products, once downloaded to the computer, cannot be deactivated remotely, we do not provide refunds.

  • Please be advised that there is no refund policy 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. Please note that refunds are not provided until the case is resolved.

  • If an unverified PayPal account payment tries 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 rights 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 usage. Cinematic Alpha has no responsibility if the user is unable to use our products.

  • Native Instruments Kontakt License Full is a third-party program that is 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. As a result, there is a possibility that any erroneously charged amounts will 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. Additionally, while we value the relationships we establish with our customers, we will take measures to prevent any instances of commercial espionage.

 

 

8. DIGITAL MUSIC RECOGNITION

 

Cinematic Alpha won’t be liable of any problem caused by the Digital Music Recognition or Content ID, many composers have a lot of issues caused by the malfunction of algorithms that are not able to work correctly.

 

9. UNAUTHORIZED USE OF CINEMATIC ALPHA PRODUCTS

 

Cinematic Alpha will not allow any unauthorized use of logo, products, trademark to users who haven't the regular license of use. The transgressor (single user or third-parties) who uses an unauthorized copy of our product will be prosecuted to the full extent of law.

 

 

10. LINKS EXPIRATION

 

  • Cinematic Alpha reserves the right not to renew the download links of its products due to reduce the risk of piracy. We highly recommend to save immediately the product 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 make a communication to the local legal authorities of Supreme Court of Mexico

 

(ARTICLE 214 CIUDÁD DE MÉXICO, G.O. MAY 19th 2006).

 

If you want report a violation of our licensing terms, send an email us to: andrew@andrewfly.com

 

12. REVIEWS

 

Cinematic Alpha will charge $500 to review the products on video sharing services from July 1st, 2022 to an undefined time.

Any kind of unauthorized mentions of our new products on video sharing services (YouTube, Vimeo and similar) will be considered a Copyright violation. Furthermore, Cinematic Alpha allows web zines and reviewers to mention our products following those conditions:

 

A) The third-party review is free and regularly licensed by Cinematic Alpha;

B) The review is not damaging the reputation of Cinematic Alpha;

C) The review is exclusively focused on Cinematic Alpha products, so third-party libraries are categorically excluded.

 

Cinematic Alpha would change the policy to its benefit, and it would support with donations the work of independent reviewers only.

 

13. PAID ADVERTISING

 

Cinematic Alpha reserves the right to ask for money back from third-parties who advertise our products in the following cases:

 

A) Advertising omits important product features and current discounts;

B) The advertising does not match in terms of length agreed;

C) False product descriptions;

D) Wrong product title;

E) Reputation Damage (removing old and new links of our products and related reviews/interviews);

F) Failure to promulgate advertising within the agreed time.

Feel free to contact us for any further information.

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