(Last Updated June 28, 2011)
The Royal Conservatory of Music maintains this website (the Site) for your personal information and educational use only. The Site provides data and other information that include articles, publications, images, video, audio, and other materials (collectively, the Content) on music and arts education in Canada as well as services such as examination scheduling (collectively, the Services). The Site, Content, and Services are made available subject to your agreement to be bound by the following Website Terms and Conditions (Terms and Conditions).
Age of Users
The Site is directed towards purchase by adults or with the consent of adults. Individuals under the age of 16 (Minors) are not permitted to use the Site without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 16. Should we learn that someone under the age of 16 has provided any personal information to or on the Site, we will remove that information as soon as possible.
The Content provided on the Site is and remains at all times the property of The Royal Conservatory or its licensors or suppliers. All names, marks, logos and other identifications of The Royal Conservatory are the property of The Royal Conservatory or its licensors or suppliers and all rights are reserved.
You should assume that everything you see or read on the Site may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of The Royal Conservatory.
You may access and view the Site and Content, and make use of the Services solely for your own personal, non-commercial use. No whole or part of the Content may be otherwise used for any purpose whatsoever without express written approval of The Royal Conservatory prior to each use.
Except as set forth above, you may not republish, copy, reproduce, transmit, frame, hyperlink, upload, post or distribute in any way, or create derivative forms of this Content. Modification of Content, use of Content for any other purpose, or use of Content on any other website or network computer is strictly prohibited.
By submitting content and/or information to The Royal Conservatory via the Site, you hereby grant a transferable world-wide perpetual, irrevocable, royalty-free, non-exclusive license to such content and information. This includes the right to sublicense to others and to use or reproduce, distribute, publish, modify, edit, translate, transmit, adapt, incorporate into other works or otherwise use the content and information provided by you and/or incorporate such content and information in any form, media or technology now known or developed in the future, with no compensation of any kind. You waive in favor of The Royal Conservatory all moral rights in such content and information. By submitting content and/or information to The Royal Conservatory, you represent and warrant that you have the full right and authority to do so and that any use by The Royal Conservatory of the content and information will not violate the intellectual property rights of any person.
Purchases of Print Music Resources
The price for print music resources on the Site may differ from the price shown in a user's shopping cart — it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Site. If the price for the item on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, its sole discretion, The Royal Conservatory may either (i) contact the user for instructions before shipping the item or charging the user for such item; (ii) cancel the order for such item and notify the user of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the user.
The risk of loss and title for all items purchased via the Site pass to the user upon delivery of the item to the carrier.
The Site may contain links to third party websites. We provide access to third party websites as a convenience to you. The Royal Conservatory does not endorse the content contained in any third party website. We shall not be held responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third party website, and we do not make any representations, warranties and conditions, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose. The Royal Conservatory does not make any representation, warranty or condition, implied or statutory that the operation of any third party website will be uninterrupted, free of error, viruses or any other harmful components. The content, goods and/or services available on or through any third party website is not under The Royal Conservatory's control and if you choose to access any third party website, you do so entirely at your own risk.
THIS SITE, THE CONTENT, THE SERVICES, AND ANY PRINT MUSIC RESOURCE OBTAINED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ROYAL CONSERVATORY AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ROYAL CONSERVATORY DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR CONDITION, IMPLIED OR STATUTORY THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, FREE OF ERROR, VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
Limitation of Liability
NEITHER THE ROYAL CONSERVATORY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE AND/OR CONTENT OR PRINT MUSIC RESOURCES OR SERVICES OR ANY LINKED SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE ROYAL CONSERVATORY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO THE ROYAL CONSERVATORY, IF ANY, TO ACCESS THIS SITE OR IN THE CASE OF A PRINT MUSIC RESOURCE PURCHASE, THE PRINT MUSIC RESOURCE PURCHASE PRICE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU TO THE ROYAL CONSERVATPRY TO ACCESS THIS SITE OR FOR A PRINT MUSIC RESOURCE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE RCM, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree, at your own expense, to indemnify, defend and hold The Royal Conservatory, its licensors and/or suppliers, and their respective directors, officers, employees, representatives, and agents harmless against any claim, suit, demand, action or other proceeding brought or threatened by a third party as a result of your breach of these Terms and Conditions.
Changes to Terms and Conditions
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without prior notice to you. If we do this, we will post the changes to these Terms and Conditions via the http://www.rcmusic.ca/website-terms-and-conditions page and will indicate at the top of that page the date these terms were revised. Your access to and use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
We also reserve the right to add, delete, modify or amend features and/or services contained within the Site, to limit the availability of the Site, and/or to limit the provision of any content, service, or product described herein to any person, geographic area or jurisdiction, at any time and in our sole discretion, as well as to limit the quantities of any content, service, or product(s) that we may provide.
If any provision of these Terms and Conditions is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
No waiver by The Royal Conservatory of any breach or default by you under these Terms and Conditions shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any legal action concerning these Terms and Conditions shall be interpreted under the laws of the Province of Ontario and shall be subject to the exclusive jurisdiction of the province and federal courts located in Ontario, Canada.