|
|
|
TERMS OF USE
|
|
|
|
The Terms of Use were last modified in January 2009.
|
|
|
|
READ BEFORE CONTINUING — YOUR ACCEPTANCE OF TERMS OF USE
|
|
|
|
FMR LLC (“Fidelity”) is pleased to provide you with the website FidelityFutureStage.com (the “Site”). Your use of the Site is subject to the following Terms of Use ("Terms").
|
|
|
|
These Terms of Use are a binding agreement between you and Fidelity. By using or accessing the Site, you accept and agree to be bound by these Terms. Your use of the Site is governed by the version of the Terms in effect on the date the Site is accessed by you. Fidelity may modify these Terms at any time and without prior notice. You should review the most current version of this document by visiting the Site and clicking on the Terms of Use hyperlink located at the bottom of the page.
|
|
|
| CONTENTS
|
|
USE OF THE SITE
|
|
|
|
The Site is intended only for your personal, non-commercial use, unless you and Fidelity have agreed otherwise in writing.
|
|
|
|
COPYRIGHT POLICY, LINKING POLICY AND TRADEMARKS
|
|
|
|
The Site is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the Site, including any text, graphics, video, audio, software code, user interface design or logos.
|
|
|
|
Unless you and Fidelity have agreed otherwise, links from another web site to the Site must resolve to the top-level homepage of the domain (e.g.,www.fidelityfuturestage.com).
|
|
|
|
In order to avoid confusion if you do link from another web site to the top-level of the Site, your web site, and the link itself, may not suggest that Fidelity endorses, sponsors or is affiliated with any non-Fidelity web site, entity, service or product, and may not make use of any Fidelity trademarks or service marks other than those contained within the text of the link.
|
|
|
|
All trademarks and service marks on the Site belong to FMR LLC or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.
|
|
|
|
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Fidelity with the following information:
|
|
|
|
1.
|
|
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
|
|
2.
|
|
A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
|
|
3.
|
|
An identification of the allegedly infringing material, and a description of where that material is located on the Site;
|
|
4.
|
|
Your address, telephone number, and email address;
|
|
5.
|
|
A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
|
|
6.
|
|
A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.
|
|
|
|
Fidelity's Agent for Notice of claims of copyright infringement can be reached as follows:
|
|
|
|
By mail:
|
Irwin N. Barnes, Esq., Fidelity Investments, 82 Devonshire Street, F7D, Boston, MA 02109
|
|
By phone:
|
617-563-9840
|
|
By email:
|
CopyrightClaim@fmr.com
|
|
|
|
THIRD PARTY CONTENT AND RESEARCH
|
|
|
|
The Site includes some news and information, commentary, and other content in connection with the Fidelity FutureStage program. Some of this content is supplied by companies that are not affiliated with any Fidelity entity ("Third Party Content"). The source of all Third Party Content is clearly and prominently identified. Third Party Content is available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s) credited.
|
|
|
|
Fidelity has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they give investment advice, or advocate the purchase or sale of any security or investment.
|
|
|
|
Third Party Content is provided for informational purposes only and Fidelity and the Third Party Content providers specifically disclaim any responsibility for Third Party Content available on the site. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN "AS-IS" BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
|
|
|
|
THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
|
|
|
TIMELINESS OF CONTENT
|
|
|
|
All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
|
|
PROHIBITED USES
|
|
|
|
Because all servers have limited capacity and are used by many people, do not use the Site in any manner that could damage or overburden any Fidelity server, or any network connected to any Fidelity server. Do not use the Site in any manner that would interfere with any other party's use of the Site.
|
|
MEANS OF ACCESS
|
|
|
|
The Site is generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels or greater. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods, and you use them only at your own risk.
|
|
|
|
You should not access the Site through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by Fidelity.
|
|
|
|
DISCLAIMER OF WARRANTIES
|
|
|
|
•
|
|
FIDELITY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
|
|
•
|
|
THE SITE IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND FIDELITY DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
|
|
•
|
|
FIDELITY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR NEEDS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. FIDELITY ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
|
|
|
|
•
|
|
FIDELITY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE SITE AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF FIDELITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
|
|
•
|
|
FIDELITY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH FIDELITY DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
|
|
•
|
|
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
|
|
|
|
INDEMNIFICATION
|
|
|
|
As a condition of your use of the Site, you agree to indemnify and hold Fidelity and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Site, or from your violation of these Terms.
|
|
|
|
CHANGES TO THE SITE
|
|
|
|
Unless otherwise agreed, Fidelity may discontinue or modify the Site at any time without prior notice to you, and you accept those modifications if you continue to use the Site.
|
|
|
|
TERMINATION
|
|
|
|
Fidelity may terminate your access to the Site for any reason, without prior notice.
|
|
|
|
GOVERNING LAW
|
|
|
|
Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of law, and shall inure to the benefit of Fidelity's successors and assigns, whether by merger, consolidation, or otherwise.
|
|
|
|
SEVERABILITY
|
|
|
|
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
|
|
Manuel Canchola, a sophomore, has been playing alto saxophone for seven years. A lover of jazz and especially Latin jazz, Manuel looks to Cuban-style alto saxophonist Paquito D’Rivera for inspiration. At the age of 16, Manuel has already performed in front of large audiences at his school, in clubs, and at Orchestra Hall. He loves performing and says that being on stage makes him feel “invincible.” Manuel plans to study music in college, and hopes to become a professional musician.
Senior Nathan Crawford has been playing alto saxophone for nine years. While Nathan enjoys a variety of musical genres, jazz is his favorite. He is inspired most by the unique arrangements of Maynard Ferguson. Nathan’s favorite performance to date has been his audition onstage at Symphony Center for the Fidelity FutureStage Music Competition. After he graduates from high school, Nathan plans to continue performing as part of the DePauw University Jazz Ensemble.
Gerardo Fernandez, a junior, has been performing for the past six years. He has performed in front of large audiences at several Chicago venues, but cites his upcoming appearance at Symphony Center as his most exciting performance yet. “My favorite musical moment as well as my biggest accomplishment would have to be knowing that my quartet will play with the Chicago Symphony Orchestra!” He plans to keep playing in college, and to minor or perhaps major in music.
After years playing the piano, junior Grzegorz Piekosz added the tenor saxophone to his repertoire just two years ago, and has already performed with his blues band at Orchestra Hall with the All-City Band. When he plays on stage, Grzegorz says, “I feel like I am speaking through my heart.” His favorite type of music to play is classical, particularly that of Prokofiev and Bach. Music has taught Grzegorz “patience, practice, and persistence,” all of which will help him pursue music in college. He eventually plans to teach music at the college level, and compose film scores.
Ninth-grader Shuya Gong’s interest in music started with a bang, so to speak, when she saw a piano for the first time. “I thought it was the most beautiful thing I had ever seen,” says Shuya. Shuya began playing music at five years old and eventually was accepted into the prestigious Percussion Scholarship Group. In addition to performing at Symphony Center as part of the FutureStage Finale, Shuya considers her performance with the Percussion Scholarship Group at the Winfried Opera House in Dallas, TX to be one of the highlights of her musical career. Shuya plans to continue playing music as she pursues a career as a surgeon.
Senior Lucia Leon first became interested in drumming when her mother brought her a hand drum from Africa. In fourth grade, she was accepted into the Chicago Symphony Orchestra’s Percussion Scholarship Program. Lucia has performed at the Percussive Arts Society International Convention, won the Jack Kent Cooke Talent Development Award, and attended the Brevard Music Center summer festival. These accolades are topped off by a chance to play with the Chicago Symphony Orchestra at the Symphony Center this June. Lucia hopes to continue playing percussion in an ensemble during college.
Marcelina Suchocka, a sophomore, has been playing percussion for seven years. As a part of the Percussion Scholarship Group of the Chicago Symphony Orchestra, Marcelina has the pleasure of working with Patricia Dash, of the Chicago Symphony Orchestra, and Douglas Waddell, of the Lyric Opera. In addition to her FutureStage competition win, Marcelina has won first place in the Chicago Symphony Orchestra Youth Auditions, and will be taking the stage again with the Orchestra during the 2010-2011 season. She hopes to become a professional percussionist.
Sophomore Thaddeus Tukes started his music career by banging on the keys of his grandmother’s piano. After years of piano lessons, he discovered percussion five years ago and was later accepted into the Chicago Symphony Orchestra’s Percussion Scholarship Group. In addition to his ensemble’s FutureStage win, Thaddeus has also individually won the Kiewatt-Wang Mentorship Scholarship, which allowed him the unique opportunity to take 25 free lessons with the jazz musician of his choice. He hopes to pursue music professionally in the future.
