Fly High Waves Sounds ™

LICENSE

All downloadable products and free samples on Fly High Waves are covered by the following license agreement. By purchasing sounds from Fly High Waves you agree to the terms of the license in question.

The contents of this download are licensed, not sold to you by Fly High Waves. Ownership remains with Fly High Waves. Copying, duplication, lending or re-selling of this product or its contents in whole or part are strictly prohibited.

This non-exclusive license is granted for a single-user only on a global basis for the full copyright protection period.

The license is non-transferable; you cannot electronically transfer the sound samples or place them in a time-sharing or service bureau operation or a computer/sampler network.

Neither the producer nor Fly High Waves can be held responsible for any direct or indirect consequential loss arising from the use of this product in whatever form.

All rights of the producer and the owner of the work are reserved. Unauthorized duplication of this download is a violation of applicable laws.

You may not, except without our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or another form of electronic retrieval system.

By using any Fly High Waves Sounds product you accept the following product license agreement:

License Grant:

The license for this product is granted only to a single user. You may use this product on samplers, computers which shall be owned and used by you exclusively. If you need more, special arrangements may be made on a case-by-case basis. All sounds and samples in this product are licensed, but not sold, to you by Fly High Waves Sounds. for commercial and non-commercial use in music, sound effect, audio/video post-production, performance, broadcast or similar finished content creation and production use. Fly High Waves Sounds allows you to use any of the sounds and samples in the library(s) you’ve purchased for commercial recordings without paying any additional license fees or providing source attribution to Fly High Waves Sounds. The Fly High Waves Sounds grants the purchaser a license to utilize the copyrighted material within a musical context.

This license is nontransferable and expressly forbids resale or lease of the product.

This license also expressly forbids any inclusion of content contained within this library, or any other Fly High Waves Sounds library, into any other virtual instrument or library of any kind, without our express written consent. This license forbids any re-distribution method of this product, or its sounds, through any means, including but not limited to, re-sampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of re-recording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of musical sample or sound effect sample playback system or device or on a stand-alone basis.

Rights/Watermarking Policy:

The product, including accompanying documentation, is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Fly High Waves Sounds retains full copyright privileges and complete ownership of all recorded sounds, instrument programming, documentation and musical performances included in this product. Any rights not specifically granted herein are reserved by Fly High Waves Sounds.

Any unauthorized use, distribution or reproduction of the product shall not be permitted, shall constitute a violation of law, and shall entitle Fly High Waves Sounds to, in addition to any other remedy at law or equity, injunctive relief. It is unlawful to deliberately circumvent, alter or delete technological measures of protection and information provided by Fly High Waves Sounds which identifies the products, its owner and the terms and conditions for its use. Please note that the product has been embedded with a digital watermark specific to the serial number you have been given for this product. If the product ends up in other people’s music, you will be held legally responsible, so we ask you to keep this product for yourself. You further agree to take all reasonable steps to protect this product from unauthorized copying or use.

Refunds:

If you are unhappy for any reason after installing, registering and using the product, we will issue a full refund within 14 days of your purchase. This policy applies to all products and bundles except individual sounds purchases. All validated refund requests will be processed within 2–4 weeks. Failure to include all required information may result in a denial of your request or a delay in the processing of your refund. Excludes products obtained as Not For Resale or products purchased at an authorized Fly High Waves Sounds Reseller/Retailer. Any products purchased with an authorized Fly High Waves Sounds Reseller/Retailer should be returned to the retailer from which it was purchased (subject to that retailer’s return policy).

Refund Process:

Please complete our contact form for Technical Support notifying us that you have successfully used the product with your system but would like a refund.
Once the refund is authorized, Fly High Waves Sounds will provide instructions on how to remove your product.Once the process is complete, Fly High Waves Sounds will refund the amount of the full purchase price. Refund amount is subject to the currency exchange rate and applicable bank fees at the time of the refund.

Term:

This license agreement is effective from the moment the product is installed by any means. The license will remain in full effect until termination. The license is terminated if you break any of the terms or conditions of this agreement. Upon termination, you agree to destroy all copies and contents of the product at your own expense.

NFR (Not for Resale)/EDU (Educational) Sales:

All Fly High Waves Sounds products are subject to the terms of this license agreement unless specified otherwise. Notwithstanding other sections of this license, any products provided to you for an EDU purpose shall only be used by students or faculty, staff and administration attending or working in educational institutional facilities. Please note that not all products are available for our EDU Sales program.

Bundle and Upgrade Purchases:

All bundle and upgrade purchases and prices apply only to the product line at the time of purchase. Customers who purchased a bundle or upgraded to the complete product line are not eligible for additional discounts or free products on future product releases unless specifically noted by Fly High Waves Sounds.

Can I distribute the music I’ve created with Fly High Waves Sounds in a “multitrack” format?

One of the only things that are NOT allowed is distributing your music in a multitrack format that completely exposes tracks that were created using our samples.

The problem, in this case, is that the separate tracks can then easily be reused in new works by the end-user of the music – someone who is not a licensed Fly High Waves Sounds user. This use becomes a type of redistribution of our copyrighted samples as a “derivative work” and is not allowed without special permission or a special license from Fly High Waves Sounds.

This privacy policy sets out how Fly High Waves Sounds uses and protects any information that you give Fly High Waves when you use this website.

What if the Fly High Waves Sounds elements in my music are exposed for a period of time?
We aren’t concerned about normal music use, where the music is presented in a mixed format. Of course our sounds may sometimes appear in exposed passages like intros and breaks within a song’s mix, but this is considered normal usage.

What if it’s just for my own use and I don’t distribute the samples I’ve created?
If you’re a licensed user, you are welcome to use your Fly High Waves Sounds and libraries to create new audio samples and loops for your own use. The important thing is not to distribute them.

May I sample my Fly High Waves Sounds for my own private use?

Of course. Every licensed user is free to use sounds from their Fly High Waves Sounds in any way within the production of their own music that works for them creatively. This includes creating their own custom samples with the instruments. Those custom samples become a legal issue ONLY when they go beyond the private musical use of the individual user.

Am I permitted to distribute my samples purchased from Fly High Waves Sounds if it’s non-commercial?

No. There’s no distinction between commercial and non-commercial distribution. The posting or sharing of your Fly High Waves Sounds presents the same legal issues as commercial distribution.

WHAT WE COLLECT We may collect the following information:

Your name Your contact information including email address and or phone number What we do with the information we gather We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:

If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by emailing us. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

LEGAL ASPECTS

Introduction

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least [18] years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least [18] years of age.

This website uses cookies.

By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of laws’s privacy policy / cookies policy.

Permissions:

You may request permission to use the copyright materials on this website by writing to [email protected], or by default if you purchased loyalty free content.

Information We Collect:

Required Information: To open a Fly High Waves Sounds ™ account or use the Fly High Waves Sounds ™ , you must provide your name, address, optional phone number, and email address. In order to make payments through the Fly High Waves Sounds ™ , you must provide credit card, debit card or bank account information.

Website Traffic Information: Because of the way Internet communication standards work, when you arrive at or leave the Fly High Waves Sounds ™ , we automatically receive the web address of the site that you came from or are going to. We also collect information on which pages of our website you visit, IP addresses, the type of browser you use and the times you access our website.
We use Cookies to recognise you as a customer, customise Fly High Waves Sounds ™ , content and advertising, measure promotional effectiveness, help ensure that your account security is not compromised, mitigate risk and prevent fraud, and to promote trust and safety across our site.

You are free to decline our Cookies if your browser or browser add-on permits, unless our Cookies are required to prevent fraud or ensure the security of websites we control. However, declining our Cookies may interfere with your use of our website and Fly High Waves Sounds ™ normal function.

Communications:

When you communicate with us for customer service or other purposes (e.g., by emails, faxes, phone calls, tweets, etc.), we retain such information and our responses to you in the records of your account.

Restricted access:

Access to certain areas of this website is restricted. Fly High Waves Sounds ™ reserves the right to restrict access to areas of this website, or indeed this entire website, at Fly High Waves Sounds ™ discretion.
If Fly High Waves Sounds ™ provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Fly High Waves Sounds ™ may disable your user ID and password in sole discretion without notice or explanation.

License to use website

Unless otherwise stated, Fly High Waves Sounds ™ and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;

reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
[edit or otherwise modify any material on the website; or redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed by ly High Waves Sounds ™.

Acceptable use:

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Fly High Waves Sounds ™ express written consent.

You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Fly High Waves Sounds ™ express written consent.

User content:

In these terms and conditions, “your user content” means material including without limitation text, images, audio material, video material and audio-visual material that you submit to this website, for whatever purpose.
You grant to Fly High Waves Sounds ™ a worldwide, irrevocable, non-exclusive, royalty-free license to store, adapt, translate and distribute your user content in any existing or future media. You also grant to the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Fly High Waves Sounds ™ reserves the right to edit or remove any material submitted to this website, or stored on Fly High Waves Sounds ™ servers, or hosted or published upon this website.
No warranties

This website is provided “as is” without any representations or warranties, express or implied. Fly High Waves Sounds ™ makes no representations or warranties in relation to this website or the information and materials provided on this website.
Breaches of these terms and conditions

If you breach these terms and conditions in any way, Fly High Waves Sounds ™ may take such action as [NAME] deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Fly High Waves Sounds ™ may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Account Information:

For the purposes of this Privacy Policy, account information (“Account Information”) includes without limitation: name, address, email address, phone number, username, photograph, IP address, device ID, geolocation information, account numbers, account types, details of funding instruments associated with the account, details of payment transactions, details of commercial transactions, customer statements and reports, account preferences, details of identity collected as part of our “know your customer” checks on you, and customer correspondence.

Information Security

Fly High Waves Sounds ™ is committed to handling your customer information with high standards of information security. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorise access to personal information only for those employees who require it to fulfil their job responsibilities.

Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Fly High Waves Sounds ™ and Fly High Recording LTD.

Fly High Waves Sounds ™ & Fly High Recording LTD grants to you a worldwide non-exclusive royalty-free revocable license to:

view this website and the material on this website on a computer or mobile device via a web browser;
copy and store this website and the material on this website in your web browser cache memory; and
print pages from this website for your own [personal and non-commercial] use;
customers who purchased goods in form of sound libraries and services.

Fly High Waves Sounds ™ & Fly High Recording LTD does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Fly High Waves Sounds ™ & Fly High Recording LTD prior written permission.

Data mining:

The automated and/or systematic collection of data from this website is prohibited.
Enforcement of copyright:

Fly High Waves Sounds ™ & Fly High Recording LTD takes the protection of its copyright very seriously.
If Fly High Waves Sounds ™ discovers that you have used its copyright materials in contravention of the license above, Fly High Waves Sounds ™ may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of Fly High Waves Sounds ™ copyright materials that contravene or may contravene the license above, please report this by email to [email protected] or by post to our address.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Fly High Waves Sounds ™ make no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Fly High Waves Sounds ™ does not warrant that:
this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.

Limitations of liability

Fly High Waves Sounds ™ will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Fly High Waves Sounds ™ has been expressly advised of the potential loss.

All files and information contained in this Website or Blog are copyright by Fly High Waves Sounds ™, and may not be duplicated, copied, modified or adapted, in any way without our written permission. Our Website or Blog may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website, Blog or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of [Fly High Waves Sounds ™ . Our Content, as found within our Website, Blog and Services, is protected under International Laws and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

Limited Warranty/Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLY HIGH WAVES SOUNDS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER FLY HIGH WAVES SOUNDS, ITS SUPPLIERS, DEALERS, DISTRIBUTORS, NOR THE AGENTS OR EMPLOYEES OF THE FOREGOING WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OF ANY SORT, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA ARISING OUT OF THE USE OF THE PRODUCT) WHETHER OR NOT SAME HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANY OTHER PARTY.

Fly High Waves may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

Infringing material

A big part of the website content is created by artists, musicians and other professionals.
If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to [email protected].

Please be creative in your application of these sounds and instruments and respect the artists’ hard work by keeping them for your use only.