Terms of Service
fanhouse.vcuathletics.com & VCU Fan House NETWORK USER TERMS OF SERVICE
The following terms of service constitute an agreement between you and the Virginia Commonwealth University, the owner and operator of the VCU Fan House Network ("we or us"). This agreement ("Terms of Service") governs your use of the VCU Fan House Network, which you access by signing in with your email account chosen by you or other credential.
BY REGISTERING, LOGGING IN AND USING ANY PART OF THE VCU Fan House NETWORK, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE.
About the VCU Fan House Network
The VCU Fan House Network consists of VCU Fan House, @VCU Fan House (Email Service), VCU Fan House Search, VCU Fan House voting registration and other content and offerings from the VCU Fan House Network affiliated providers (collectively, "the Services"), to which you gain access by registering as a VCU Fan House Network user or member and/or @VCU Fan House Email User. Services and other affiliated providers may from time to time be added to the VCU Fan House Network, so we encourage you to return to these Terms of Services often to review the latest list of offerings and affiliated providers participating on the VCU Fan House Network. We are not responsible for the content or dealings that you may have with any third party if you use your Email Account to access their Web sites and services. Your remedies are solely with the third party.
We will open a registered user account for you when you complete your registration. You will select (or we may assign to you) a Member Number that will be identified with your account. You will also be able to select a password to access your Account. Your Member Number, Account and password are your credentials to give you access to the Services on the VCU Fan House Network. You must provide complete and accurate information about yourself. You must be legally competent to enter into contracts. You agree to keep this information up to date. You may not have an Account, Member Number or other form of electronic identification that is vulgar, attempts to impersonate another person or violates the rights of others. We also may reject any Account that we determine in our discretion is unacceptable for use on the VCU Fan House Network.
VCU Fan House Network Information
You are responsible for all activities under your account, including the use of your account and Email Account by others. You are responsible for keeping your password confidential. You may use the Services for lawful purposes only.
In using the service, you will:
You may not submit or transmit through the VCU Fan House Network any material, or otherwise engage in any conduct that:
How You May NOT Use the Service.
In using the service, you may not:
You may not use the VCU Fan House Network in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the VCU Fan House Network. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
You may not use any of our Services or communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not allow others to use your account to violate the terms of this section. We may terminate your account immediately and take other legal action if you or anyone using your account violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.
You Are Responsible For Account and Service Account.
Only you may use your service account. You are responsible for all activity that takes place with your service account or an associated account. You may not authorize any third party to access and/or use the service on your behalf except where VCU Fan House Network provides a mechanism for third parties to access the service on your behalf.
We may change or discontinue any Service or feature on a Service at any time and without notice. We may impose general operating rules for the Services. For example, we may establish limits on storing, uploading or downloading any data or impose time outs if you are idle on a particular Service. Certain Services and Web sites on the VCU Fan House Network will have additional terms (such as policies, guidelines, and subscription terms) that will further govern your use of the particular Service and supplement these Terms of Service. If you choose to register for or access any such Service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
If you make a purchase on VCU Fan House, you may be asked to enter your payment method. You must be authorized to use the payment method. You authorize us to charge you for the service using your payment method and for any paid feature of the service for which you choose to sign up or use while this contract is in force. Billing of service charges to your payment method may occur (a) in advance; (b) at the time for purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. We may charge you a different amount than what you approved. If it is a greater amount, we will tell you the amount and the date of the charge at least 10 days before we make the charge. Also, we may charge you up to the amount you have approved, and we will notify you in advance of the difference for recurring subscription services. We may bill you for more than one of your prior billing periods together. If we informed you that the service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term.
Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable.
You are solely responsible for backing up and archiving any and all important emails and information.
You must provide at your own expense the equipment and Internet connections that you will need to access the Services. Those costs are in addition to any fees you pay to the VCU Fan House Network. If you are accessing the Services through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access VCU Fan House Network or @VCU Fan House Network through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access VCU Fan House Network through any wireless or other communication service.
You are using the Services AT YOUR OWN RISK and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the Service, although we reserve the right to do so.
We Make No Warranties
We provide the VCU Fan House Network and the Services as is, with all faults and as available. We and our suppliers make no express warranties or guarantees about the Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A VCU Fan House REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk.
You can recover from the VCU Fan House Network or related parties only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to anything related to:
It also applies even if:
WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
We may cancel or suspend your registered user account or Email Account at any time, without cause and/or without notice. We may terminate and/or suspend your account or Email Account immediately, without notice, if there has been a violation of these Terms of Service and such other policies and terms posted on the Services, or if you have failed to pay your subscription fees. Your right to use the Services will end once your Services are cancelled or terminated, and any data you have stored on such a Service may be unavailable later. You remain responsible for paying any amounts owed on your account at the time your account is terminated or cancelled.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Electronic Contracting and Notices
Your affirmative act of registering for an Email Account and registering for any Service constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, Notices). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, (2) to any e-mail account you open with a Service, or (3) by posting the Notice on the applicable Service or otherwise through the VCU Fan House Network. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service.
In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the Terms of Service link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
Choice of Law and Location for Resolving Disputes
You agree that the law of the State of North Carolina governs this contract and any claim or dispute that you may have against us, without regard to North Carolina's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of North Carolina.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NEW JERSEY OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW JERSEY FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
We may assign this contract at any time without notice to you. You may not assign this contract to any one else.
All trademarks appearing on the Services are the property of their respective owners, including, without limitation, Virginia Commonwealth University, VCU Fan House, @VCU Fan House.
Change to these Terms of Service
These Terms of Service govern your relationship with us. We may change these Terms of Service at any time. We will provide at least thirty (30) days notice before any material changes take effect. If you disagree with the changes to these Terms of Service, simply discontinue your use of the applicable services on the VCU Fan House Network before the modifications take effect. Your ongoing use of any service on the VCU Fan House Network after the changes take effect signifies your agreement to the new terms.
This contract and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
VCU Fan House Official Rules and Conditions
A. General Overview
NO PURCHASE NECESSARY. A purchase will not affect your ability to use the program nor improve your odds of winning. Only legal U.S. residents at least 18 years of age who reside in and who are physically located in the United States and who have a valid email address are eligible to participate in the Program. Employees, agents or officers of Virginia Commonwealth University (“Sponsor”) or any other entity involved in the development, production, implementation and distribution of the Program, including any advertising or promotion agency, supplier of prizes for the Program, parent company, service provider, subsidiary or affiliate of any such entity or any other entity directly associated with the Program (“Program Entities”) or any member of the immediate family of and/or person living in the same household as such person, are eligible to participate in the Program, however are ineligible for prizes. Certain prizes and offers from Program partners may only be available to users over the age of 21. VOID WHERE PROHIBITED BY LAW.
Apple Inc. is not involved in any way with prizes, prize draws, contests or sweepstakes. Apple Inc. is not a sponsor of, or responsible for conducting, any promotion within the program. All prizes are provided by the Program Administrator (SequentialT, LLC.), the Virginia Commonwealth University Athletic Department or by named sponsors where applicable.
The Program may be terminated at any time without notice. Certain activities within the Program may only run for limited, specified times.
Students and fans (“Users”) can sign up at fanhouse.vcuathletics.com. The Program is a fan engagement program that allows students and general fans of Virginia Commonwealth University to engage and earn points for various activities, making them eligible to win certain prizes (“Prizes”). Participation in the Program constitutes full and unconditional agreement and acceptance of these official rules and conditions (“Official Rules”), which are final on all matters relating to the Program.
General features of the Program include:
Sign-up: Users can register for the Program at fanhouse.vcuathletics.com with their email address, or through Facebook. Upon sign-up, a User is issued a FanID (a digital account for the Program). Sign up is required to access the Program.
Ticket-Link™: Fans who have a ticket for a Virginia Commonwealth University Athletics home game can “link” their ticket to their FanID to earn points. It is not required that a ticket be purchased by a User in order for it to be Ticket-Link eligible.
Viewer-Link™: Fans watching or listening to home or away Virginia Commonwealth University Athletic games may “Viewer-Link™” to indicate they are watching or listening to the game. Fans earn points for Viewer-Linking.
Game Predictions: Users can answer questions on the Program to forecast game outcomes (for example, how many touchdowns scored, points scored, field goals, etc.). Some degree of skill is expected of Users when playing Game Predictions. Users are awarded points based on correct predictions. Trivia questions may also be answered by users. Correct responses also earn the user points.
Social Integration: Users may, though are not required to, integrate their Facebook and Twitter accounts on the Program for expanded social connectivity and engagement with other Users.
Partner Offers: Users may get access to special discounts and offers from Virginia Commonwealth University Athletics partners who, from time to time, may offer such discounts and offers to Users.
News Feeds: Various news feeds relevant to Virginia Commonwealth University Athletics may be fed into the Program from time to time. Such news feeds will link to the official Virginia Commonwealth University Athletics site for the full news/stories.
B. How to Join
Users can join the Program at fanhouse.vcuathletics.com by entering in their email address and choosing a password, or through Facebook. Only one account is permissible per user, regardless of how many email addresses or Facebook accounts are associated with a User.
C. Points and Fan Levels
Points have no cash value. Points accrue during a respective year for the Program. Points contribute to Fan Levels, as follows (subject to change):
Prizes are generally awarded to fans as follows:
1. General FanID Drawings: Users with active and valid accounts on the Program are included in occasional, random drawings for various Prizes. In some cases, the specific Prize designated for a particular General FanID Drawing may not be specified prior to the drawing.
A User with a single FanID has one valid entry in a General FanID Drawing. Fans who have achieved higher Fan Levels have the number of entries in the Drawing equal to their Fan Level. For example:
A Level 2 Fan has “2” entries in a General FanID Drawing;
A Level 4 Fan has “4” entries in a General FanID Drawing;
General FanID Drawings are done by a computerized randomizer and a random FanID or FanIDs (multiple fans) is/are selected as winner(s).
In some General FanID Drawings, there may be multiple winners selected, depending on the amount of Prizes that are designated for that particular Drawing. For example, if the Prize for a General FanID Drawing is 50 baseball caps, the Drawing will select 50 winners at random. The odds of winning are dependent on the number of entries and the number of Prizes to be awarded for that particular FanID drawing.
Winners will be notified by email, along with prize fulfillment instructions. Users shall have no cost to claim their prize.
2. Ticket-Link™ Digital Coupons: During certain Virginia Commonwealth University Athletics ticketed home games, Users may “Ticket-Link” to indicate they are at the game. Users who Ticket-Link for a qualified game may receive a digital coupon, which may vary from game to game and/or sport to sport. Examples of digital coupons may be:
- Concession discount
- Merchandise discount
- Sponsor offer or discount
3. Game Prediction Winner(s): Before and during certain Virginia Commonwealth University Athletics home and away games, Users may play Game Predictions to attempt to forecast game statistics. Users are expected to use their knowledge of Virginia Commonwealth University Athletic teams and their opponents to predict game statistics such as the number of touchdowns, points or field goals that will be scored during the game. Users who have the most number of correct predictions earn points and may be eligible to win a Prize. In some cases, the specific Prize designated for a particular Game Prediction prize may not be specified prior to the determination of the winner(s).
For Game Predictions in which there is a single User who has the highest number of correct predictions, that User is deemed to be the winner. For Game Predictions in which there are more than one Users with the highest number of correct predictions, a single User may be selected at random from those with the highest number of correct predictions, or, there may be multiple winners selected, based on the amount of Prizes that are designated for that particular Game Prediction. For example, if the Prize for a Game Prediction is 2 sets of (2) Men’s Hockey tickets to a single game, the Program will select two winners at random, or the specific two winners if there are only two Users in the group with the highest number of correct predictions. The odds of winning are dependent on the number of participants and the number of Prizes to be awarded.
Winners will be notified by email, along with prize fulfillment instructions. Users shall have no cost to claim their prize.
D. Our Right to Use Your Entry and Information About You
You will indemnify and hold Sponsor and the Program Entities, including Apple, Inc. harmless with respect to any suits or claims arising out of (i) your breach of these Official Rules, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; (ii) any fraud committed by you in connection with the submission of your entry; (iii) your violation of applicable laws, rules or regulations in connection with your submission of your Entry. YOU AGREE TO INDEMNIFY AND HOLD SPONSOR AND THE PROGRAM, ENTITIES, INCLUDING APPLE, INC. HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY ENTRY PROVIDED BY YOU TO SPONSOR AND ANY BREACH BY YOU OR YOUR REPRESENTATIVES OF THESE OFFICIAL RULES.
E. Issues of Law
NO PURCHASE NECESSARY. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS ARE APPLICABLE. THE FEDERAL AND STATE COURTS LOCATED IN MORRIS COUNTY, NEW JERSEY SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE PROGRAM AND THE LAWS OF THE STATE OF MEW JERSEY SHALL GOVERN THE PROGRAM. USERS WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. THE PROGRAM IS VOID WHERE RESTRICTED OR PROHIBITED BY LAW.
Prizes are subject to change at any time without notice. Prizes may include items provided by Sponsor or its partners.
G. Your Release of Sponsor From Any and All Liability
Users agree that neither Sponsor nor Program Entities Entities shall be liable for losses or injuries of any kind resulting from: (i) acceptance/possession and/or use/misuse of prize(s), (ii) participation in the Program, (iii) individual, joint or collective technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer dating mechanism, computer equipment, hardware and/or software, or (iv) any delay or distortion of an entry resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Rules. Each User releases the Sponsor and Program Entities from any liability in connection with entrant’s preparation or use of the entry. Entrants also agree that the Sponsor and Program Entities are not responsible or liable for any injury or damage to a User’s or third person’s computer related to or resulting from the Program, entries and/or its prizes. The Sponsor and Program Entities are not liable for damage to a User’s computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to a User’s participation in the Program or downloading of information in connection with the Program. The Sponsor reserves the right to modify or cancel the Program in the event that any portion of any website used to administer any aspect of the Program becomes technically corrupted.
H. How to Get More Information
For questions, including a list of prize winners and copies of these Official Rules, contact SequentialT, LLC. at:
83 South Street
Morristown, NJ 07960
Program Administrator is SequentialT, LLC, located at 83 South Street Morristown NJ 07960.