Effective January 2, 2007

Welcome to our website for The Virtual School of Music ® (Canada). PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. If you continue to browse and use this website Your use of the Web site by accessing and using this website in any way, including, without limitation, browsing the website, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, serves as your acceptance of our Privacy Policy and consent to The Virtual School of Music's collection and use of the information you provide as set forth in the Privacy Policy and “Terms of Use” document. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. The Virtual School of Music ® reserves the right, at The Virtual School of Music ®'s sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this website following the posting of changes to the Terms of Use will mean you accept those changes.

The term “The Virtual School of Music ®” or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

• If you are using the website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf.

• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. Software and other files are downloaded and or installed at your own risk. We shall not be taken responsible for any damage downloads may cause to your computer.

• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, concept, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

• Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

• You may not create a link to this website from another website or document without The Virtual School of Music's ® prior written consent.

• You understand that the application fee is non-refundable and that your acceptance as an online student in The Virtual School of Music ® (Canada) is subject to approval by our qualified adjudicators.

• Your use of this website, its services and products, and any dispute arising out of such use of the website and its services or products is subject to the laws of the province of Alberta, Canada.

Accounts and Security
If any of the services on the website requires you to open an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify The Virtual School of Music ® immediately of any unauthorized use of your account or any other breach of security. The Virtual School of Music ® will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by The Virtual School of Music ®or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain terms of your contracts. By using this website and registering for such services, you consent to The Virtual School of Music's ® display of such information via the services and accept all risks of unauthorized access to such information. If you provide any information that is false, inaccurate, out of date, or incomplete, or The Virtual School of Music ® has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, The Virtual School of Music ® may suspend or terminate your account and refuse any and all current or future use of the services or any portion thereof. You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, that you incur in order to use the services.

No Unlawful or Prohibited Use
As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the services in any manner that could damage, disable, overburden, or impair any The Virtual School of Music ®server, or the network(s) connected to any The Virtual School of Music® server, or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any The Virtual School of Music ® server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

Use of Documents and Publications on the Website
Except as expressly prohibited on this website, you are permitted to view, copy, print and distribute publications and documents within this website (such as FAQs, white papers, datasheets, press releases and so on), subject to your agreement that: a) your use of the information is for informational, personal, and non-commercial purposes only, b) you will not modify the documents, publications or graphics, c) you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context, d) you will display the below copyright notice and other proprietary notices on every copy you make, and e) you agree that The Virtual School of Music ® may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from The Virtual School of Music ®. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by The Virtual School of Music ®.

Use of Services on the Website
The website may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services or the website, you will not:

• Use the Communication Services or the website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, obscene as to minors, child pornography, racist, lewd, lascivious, filthy, excessively violent, harassing, indecent, unlawful, or otherwise objectionable topic, name, material or information.

• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.

• Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

• Restrict or inhibit any other user from using and enjoying the Communication Services.

• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

• Harvest or otherwise collect information about others, including e-mail addresses.

• Violate any applicable laws or regulations.

• Create a false identity for the purpose of misleading others.

• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.

• Use any The Virtual School of Music ® domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service.

• Transmit unsolicited or bulk communications to any The Virtual School of Music account holder or to any The Virtual School of Music.com or affiliated email address (regardless of whether you use the website to transmit any such communication).

• Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
  The Virtual School of Music has no obligation to monitor the Communication Services. However, The Virtual School of Music ® reserves the right to review materials posted to the Communication Services and to remove and/or edit any materials in its sole discretion. The Virtual School of Music reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

The Virtual School of Music ® reserves the right at all times to disclose any information as The Virtual School of Music ® deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Virtual School of Music's ® sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. The Virtual School of Music ® does not control or endorse the content, messages or information found in any Communication Services and, therefore, The Virtual School of Music ® specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized The Virtual School of Music ® spokespersons, and their views do not necessarily reflect those of The Virtual School of Music ®.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Indemnity
You agree to indemnify, defend and hold The Virtual School of Music ®, and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Submissons, your use of the website, including any use by your employees, your connection to the website, your violation of the Terms of Use, or your violation of any rights of another.

Limitation of Liability.
IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some provinces do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

Fees
Your account and all transactions are made and displayed in Canadian dollars unless otherwise specified and may be subject to exchange rates. Application fees and Annual Registration fees are non-refundable as outlined in Terms of Use. Refunds will only be granted to students registered in semester lessons, at which the refund will be pro-rated for the remaining lessons.

NO REFUNDS ARE AVAILABLE FOR LESSONS MISSED. There is a maximum of 2 make-up lessons per 8 lesson semester due to student illness or student-side computer malfunction.

Waiver and Release for Online Music Lessons
You (referred to herein as the "Student") or your parents/guardians, understand that the instructors provided by The Virtual School of Music ® (Canada). are not employees of The Virtual School of Music®, (Canada) but rather are independent contractors to whom The Virtual School of Music® (Canada) has referred the Student for music lessons.

In consideration of the opportunity for the Student to participate in music lessons provided by The Virtual School of Music®, Inc., the sufficiency of which is hereby acknowledged, the Student, and parents/guardian, on behalf of ourselves and each other, do fully and completely waive and release any and all claims, demands, actions, right or causes of action, including but not limited to, neglegence, gross neglegence, damage or injury to property or person, intentional conduct, fraudulent conduct, malice, or misrepresentation (of any kind whatsoever) that we may now or in the future have against The Virtual School of Music ®, Inc for property damage, personal injury, disability, loss of wages, lost or diminished earning and/or eanring capacity, medical expenses, educational expenses, punitive or exemplary damages, prejudgement and post-judgement insterest, attornets' fees and expenses, and any other tangible or intangible loss, damage, or expense of any kind of character, past, or future, that may arise out of or relate to the music lessons (collectively reffered to as "Claim"), regardless of whether or not the Clain is now knowm or unknown. On behalf of ourselves and each other, we acknowledge and agree that, no matter what conditions or problems may arise in the future for us as an alleged result of the Student's participating in the music lessons, none of us shall have any further claim or rights against The Virtual School of Music® (Canada) nor shall either of us be entitled to recover any monies from The Virtual School of Music® (Canada) or its affiliates.

Furthermore, on behalf of ourselves and each other, we do covenant not to institute any action at law or in equity against The Virtual School of Music® on account of or related to any Claim we may have. This covenant may be pled by The Virtual School of Music ®. as a complete defense to any action or proceeding that may be brought or instituted by us, or our heirs or legal representative in breach of this Waiver and Release. This covenant shall bind us and our heirs and legal representatives, and it shall inure to the benefit of The Virtual School of Music ® and its successors, purchasers, benefit plans, subsidiaries, assigns, affiliates or parent and the officers, agents, directors, or employees of any of them.

Disclaimers and Other Notices
Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the website, materials, pedagogy, publications and documents. The website, materials, publications and documents may contain technical inaccuracies or typographical errors. The Virtual School of Music ® assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions in the website, materials, publications and documents and in any other reference.

The Virtual School of Music ® may make changes to the website, information, software, documents, publications, prices, technical specifications, product offerings and any other information and materials on the website at any time and without notice.

The website, documents and publications are distributed internationally and may contain references or cross-references to The Virtual School of Music ® products, programs, and services that have not been announced or available in your country. Such references do not imply that The Virtual School of Music® intends to announce such products, programs, or services in your country.

The Virtual School of Music ® is not responsible for any webcasting or materials download malfunction incurred by user. All live music instruction lessons are pre-paid and at the users risk.

Children Under 13
Consistent with the Children's Online Privacy Protection Act ("COPPA"), The Virtual School of Music ® does not solicit personal information from children. Visitors 13 years of age and under should remember that they are required to obtain an adult's permission before submitting any personal information to this, or any other, Web site.

Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question. The Virtual School of Music ® and The Virtual School of Music ® is not responsible for the contents on any linked site or any link contained in a linked site, or any changes or updates to such sites. The Virtual School of Music ® is not responsible for webcasting or any other form of transmission received from any linked site. The Virtual School of Music ® is providing these links to you only as a convenience, and the inclusion any link does not imply that The Virtual School of Music ® endorses or accepts any responsibility for the content on such third party sites.

Copyright Notice
In accordance with Canadian copyright law, our teachers may reference a small portion of a copyrighted work in their lessons for the education of the students. The lessons are completed in accordance with the Music Publishers' Association guidelines: "For academic purposes other than performance, multiple copies of excerpts of works may be made, provided that the excerpts do not comprise a part of the whole which would constitute a performable unit such as a section, movement, or aria but in no case more than 10% of the whole work. The number of copies shall not exceed one copy per pupil."1