Terms and Conditions
The Music Development Program
Website Terms and Conditions
(Last Updated January 17, 2013)
The Royal Conservatory of America Corporation (the Corporation) 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 the United States of America as well as services such as assessment 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). By accessing or using the Site, you agree to be bound by the Terms and Conditions. Any breach of the Terms and Conditions by you immediately terminates your right to access the Site, the Content, and Services.
Age of Users
The Site is directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (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 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on the Site, we will remove that information as soon as possible.
If you register, you will be asked to choose a username and password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another person at any time or to disclose your password to any other person. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for your use of this Site, including all of your activity on this Site, as well as the activity of any person using your account.
The Content provided on the Site is and remains at all times the property of The Royal Conservatory of America Corporation or its licensors or suppliers. All names, marks, logos and other identifications of the Corporation are the property of the Corporation 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 of America Corporation.
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 Corporation 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 of America Corporation via the Site, you hereby grant the Corporation 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 Corporation all moral rights in such content and information. By submitting content and/or information to the Corporation you represent and warrant that you have the full right and authority to do so and that any use by the Corporation 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, at the sole discretion of the Corporation, the Corporation 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 Corporation 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 Corporation 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 Corporation’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 OF AMERICA CORPORATION 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 CORPORATION 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 CORPORATION 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 CORPORATION 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 CORPORATION, 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 CORPORATION 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 CORPORATION, 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 Corporation, 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 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 Corporation 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 State of New York and shall be subject to the exclusive jurisdiction of the state and federal courts located in New York, New York. Notwithstanding the foregoing, legal actions involving California residents will be interpreted under the laws of the State of California, and may be subject to jurisdiction either in the state and federal courts located in New York, New York or the state and federal courts located in the California county in which the California resident resides.