These Terms of Service for Event Organizers contain rules regarding the use of the Timely.Fun website and the utilization of promotion and ticket sales services for events and shows by event organizers and promoters.
Please read this document carefully as it contains important information about your rights and obligations. By accessing or using the Timely.Fun website or Timely.Fun services, you agree to be bound by these Terms.
Last updated: April 22nd, 2024.
1. Who We Are
Welcome to the Timely.Fun website! We are the creators of the world’s largest portal for fun events. Our platform is designed for you – the event organizer – to promote, manage, and sell tickets for your events in a technological and secure manner.
Timely.Fun is an event discovery, promotion and ticketing platform owned and managed by TIME.LY NETWORK INC., a British Columbia corporation with its principal place of business at 850 Harbourside Dr, #105, North Vancouver, BC, Canada, Postal Code V7P 0A3.
2. Definitions
(a) Timely.Fun Platform: A technology platform available to Users, Consumers, Participants, and Organizers, facilitating the creation of event web pages, event discovery, ticket sales, event registration, and participant management, accessible at the electronic address https://www.timely.fun/ and respective social media accounts.
(b) Organizer: Any individual or legal entity that creates their own events, whether they are event promoters, concert venues, or event venues, and promotes, collects registrations, and/or sells tickets to Users and Consumers through the Timely.Fun Platform.
(c) User: Any person who browses the Timely.Fun Platform or uses Timely.Fun services.
(d) Consumer: Any person who registers for an event or purchases a ticket for an event promoted by an Organizer through the Timely.Fun website, whether the event is paid or free.
(e) Participants: Any person who enjoys tickets purchased by a Consumer to participate in an event promoted by Organizers through the Timely.Fun website. If a Consumer purchases a ticket in their own name, they will also be considered a Participant.
3. Services Provided by Timely.Fun
3.1 These Terms of Service govern the services offered by the Timely.Fun website, which include: (i) providing an online platform for Organizers to promote their own events by posting their events on Timely.Fun website; (ii) providing additional advertising opportunities for the promotion on Timely.Fun’s newsletter and social media profiles; (iii) facilitating Users to search and discover events online through the internet; and (iv) enabling event registration and ticket sales by certain Organizers (collective referred to as “Services”).
3.2 Timely.Fun is not the creator, organizer, or owner of the events listed on the Services, nor are we the sellers of the tickets or registrations connected to those events. Instead, we provide our Services, which allow Organizers to promote their events as well as manage ticketing and registrations. When hosting an event through the Timely.Fun website, Organizers are the sole responsible for ensuring that their event and any page displaying an event complies with any applicable laws, rules, and regulations, and that the goods and services described on the event page are delivered as described and in an accurate, satisfactory manner. Moreover, Organizers are responsible for establishing the conditions of sale, execution, and cancellation of events. Nevertheless, Timely.Fun may monitor published events to ensure they comply with its policies and regulations.
4. Privacy Policy
4.1 We understand that your personal information is important to you, and it is also important to Timely.Fun. Any and all personal information provided by you to us, or collected by us by any other means, is governed by our Privacy Policy, which is an integral and inseparable part of these Terms of Service.
5. Term and Termination
5.1 These Terms apply to you as soon as you access the Services by any means and will continue to apply until they are terminated. There may come a time when either you or Timely.Fun decides it’s best to part ways as described in Sections 5.2 and 5.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 5.4, certain provisions will always remain applicable to both you and us.
5.2 We may suspend or terminate your right to use the Services at any time, including if: (a) you violate or breach these Terms or any other agreement between you and us, or if you fail to pay any amounts when due; (b) you misuse or abuse the Services, or use the Services in a way not intended or permitted by us; (c) you engage in any conduct on or off the Timely.Fun platform that jeopardizes the safety of our community or integrity of the Timely.Fun platform or interferes with the experience of our community or the Timely.Fun platform; or (d) allowing you to access and use the Services would violate any applicable local, state, provincial, national, or other laws, rules and regulations or court order or would expose us to legal liability.
5.2.1 We may choose to stop offering the Services, or any particular portion of the Services, or modify or replace any aspect of the Services, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, if we believe that failure to do so would materially prejudice you. You agree that we will not be liable to you or any third party as a result of our termination of your right to use or otherwise access the Services.
5.3 Except as agreed otherwise in a separate written agreement between you and us or Time.ly, you may terminate your access to the Services and the general applicability of these Terms by asking us to cancel your account. If you are a Consumer using the Services without a registered Timely.Fun Organizer account or Time.ly Free Subscription account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and us governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
5.4 All provisions of these Terms that by their nature should survive termination of these Terms will survive (i.e., they will continue to apply to you) including all limitations on liability, releases, indemnification obligations, disclaimers of warranties, choices of law and judicial forum, and intellectual property protections and licenses.
6. Organizer Registration
6.1 Registration as an Organizer on the Timely.Fun Platform is free. However, the services offered will be charged according to what is established by Timely.Fun in its website and Terms. By registering, you agree to use the Timely.Fun platform ethically and in accordance with the purposes outlined in these Terms, complying with all applicable laws and regulations, and undertaking to refrain from any activity that constitutes a violation of these norms.
6.2 You commit to providing accurate and truthful information, agreeing to update your personal data whenever necessary or when requested. If we have reason to believe that information provided by you is not true, we have the right to suspend or terminate your registration and refuse to provide you with any of our Services. Timely.Fun is not responsible for the accuracy or correctness of the data entered in the registration, and creating fake profiles on our platform may be considered a crime of false identity, ideological falsehood, or fraud. If Timely.Fun identifies suspicious activity, it may, at any time and at its sole discretion, confirm the identity and personal data of the Organizer, and may request personal documents or other forms of confirmation. Any error or delay in the process of sending or confirming the user’s identity that causes damage of any kind will be the user’s responsibility.
6.3 Without prejudice to other measures, Timely.Fun may warn, suspend, or cancel the registration of Organizers, as well as associated events, and refuse to provide the Services described in these Terms if the Organizer: (a) breaches any provision of these Terms or any other Timely.Fun policy; (b) engages in fraudulent or intentional acts; or (c) causes any kind of damage or harm to third parties, Consumers and Participants or Timely.Fun itself in the use of our platform.
6.4 By registering with Timely.Fun and accessing our platform and Services, in addition to any other restrictions, limitations, and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly: (i) copy, modify, reproduce, translate, localize, port, or otherwise create derivatives of any part of the Services; (ii) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and organization of all or any part of the Services; (iii) rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorized manner; (iv) remove or alter any proprietary notices on the Services; or (v) engage in any activity that interferes with or disrupts the Services.
7. Event Promotion
7.1. Timely.Fun has its own tool for event promotion, allowing the Organizer to create an exclusive online page for their event within the Timely.Fun website. The Organizer is solely responsible for the event information published on the event page, which shall address common questions Consumers and Participants would have about the event.
7.2 If desired, the Organizer may give more prominence to their event by (a) featuring it as a highlighted event on the Timely.Fun website; (b) distributing it to the Timely.Fun newsletter; and (c) advertising it on Timely.Fun’s social media channels. In this situation, the Organizer will pay Timely.Fun the respective promotion fee (“Promotion Fee”) for the contracted promotion period, as stated on our website.
8. Event Registration and Ticket Sales
8.1 Timely.Fun provides its own tool for event registration and ticket sales – Time.ly event management platform. Organizers who show interest in collecting registrations and/or selling tickets for their events will receive a Free Subscription account with Timely after accepting Timely’s Terms of Service and Ticketing Terms of Service. The Free Subscriptions are completely free, but you will need to enter your credit card information to create an account and utilize their integrated event registration and ticketing system. It is important to note that these specific services are not offered for free, and fees are based on usage according to the price per registration/ticket sold stated on our website or Timely’s website, at the time of usage. For paid events, Organizers can determine if they will absorb these fees or pass them along to Consumers. If you decide not to utilize their registration or ticketing system, no charges will be applied.
8.2 In addition to promoting their event on Timely.Fun, Organizers with a Timely account can also showcase their events on their own website. This can be achieved by embedding their Timely event calendar on a page of their website. For more information on how to install the embed code and use other exciting features offered by Timely, we recommend checking out Timely’s Help Center.
8.3 Because all transactions are between an Organizer and its Consumers, we ask that all Consumers contact the applicable Organizer of their event with any cancellation or refund request. It is the responsibility of the Organizer to communicate their own cancellation policy to potential Consumers, as well as manage cancellations and refunds. Timely.Fun and Time.ly will not be liable under any circumstances for any costs arising from Organizers’ non-compliance with this clause.
9. Responsibility and Obligations of Event Organizers
9.1 When creating events on the Timely.Fun Platform, you, as the Event Organizer, shall: (a) publish events or any content that is true and complete, and it is the Organizer’s responsibility to accurately communicate information such as location, date, time, prices, services offered, contact information, cancellation policy, age restrictions, and any other information relevant to Consumers and Participants or for the validation of event execution; (b) immediately inform Timely.Fun of cases of event cancellation, date changes, venue changes, or any other relevant changes regarding their event; (c) publish events or any content that the Organizer has the right and capability to fulfill. The Organizer assumes that the events or content published have completed all necessary processes with attractions, venue, sponsors, suppliers, public authorities, and any other stakeholders, in accordance with their legal obligations, and will deliver everything exactly as advertised, under the penalty of false advertising. Additionally, the Organizer confirms ownership rights over the published event or content and is not infringing on any third-party property rights; (d) authorize Timely.Fun to contact and request information and documentation from the event venue, suppliers, or other stakeholders that it deems necessary to verify the legitimacy of the event; (e) not act as another person or entity, under penalty of criminal and civil liability for crimes such as fraud, falsification of documents, and other offences. This includes not publishing events or content if the platform user is a promoter, commissioner, or similar; (f) not publish events or any content that is illegal, racist, prejudiced, threatening, terrorist, defamatory, obscene, vulgar, incites hatred, or invades others’ privacy; (g) take full responsibility for the links and redirects posted in the public event page description. Timely.Fun is not responsible for them and cannot vouch for their accuracy or reliability; (h) ensure that spam filters or similar tools do not interfere with receiving communications and materials from Timely.Fun, with no excuses accepted if there is no access to any email or electronic message due to these resources; (i) only hold in-person events in locations where there is prior and explicit government permission, as well as comply with all safety and health protocols, following applicable federal, state, and municipal laws; and (j) use the Timely.Fun Platform only for event promotion (even if hosted on other sites and platforms) and/or for selling tickets for events hosted on the platform, with the sale of other types of products or services prohibited. Timely.Fun provides its platform with the sole purpose of facilitating event promotion, ticket sales, and event management by the Organizer.
9.2. In cases of events held during the period of public calamity declared by the Federal, State, and/or Municipal Government, Organizers and/or Producers expressly declare awareness and responsibility for the following: (a) events created and promoted through the Timely.Fun platform are the sole responsibility of the Organizers, who are solely responsible for establishing the conditions of sale, realization, and cancellation of events, complying with current legislation, including any Federal, State, and/or Municipal Decrees authorizing event hosting; (b) Timely.Fun is not the creator, organizer, or owner of the events listed on its platform. Therefore, entry requirements for events, adoption of distancing and sanitary measures are the sole responsibility of Organizers and should be communicated to Consumers participating in the Events; (c) participation in any of these events may unintentionally lead to the transmission of diseases to those present, even if sanitary measures required by local and international authorities are adopted, and strict adherence to safety and health rules imposed by Organizers and Government. Organizers assume any responsibility arising from this, leaving Timely.Fun indemnified against any claims or requests; (d) Timely.Fun may, in accordance with the provisions of its Privacy Policy, share information about Consumer and User participation, as well as data related to events held during this period, with express and irrevocable consent for the sharing of sensitive or non-sensitive data and information; (e) Organizers declare to ASSUME ALL HEALTH RISKS INVOLVED IN HOLDING EVENTS DURING THIS PERIOD, both known and unknown, even if arising from the negligence of third parties, and assume full responsibility for the organization and realization of the Events; (f) TIMELY.FUN HAS NO LIABILITY FOR THE REALIZATION AND AUTHORIZATION OF EVENT EXECUTION, REQUEST FOR DOCUMENTS, ANALYSIS, SCREENING, OR ANY CONSEQUENCE ARISING FROM THE ORGANIZATION AND REALIZATION OF EVENTS DURING THE ABOVE-MENTIONED PERIOD.
9.3. In all cases, Timely.Fun, at its sole discretion, may refuse to provide any Services, regardless of the motivation, without constituting a limitation of rights.
10. Intellectual Property
10.1 The commercial use of the expression “Timely.Fun” as a trademark, business name, or domain name, as well as the contents of the screens related to Timely.Fun services, such as programs, the “look and feel” of the sites, databases, networks, are owned by Timely.Fun and are protected by international laws and treaties on copyright, trademarks, patents, models, and industrial designs. Unauthorized use and total or partial reproduction of said content are prohibited unless expressly authorized in writing by Timely.Fun.
10.2 Timely.Fun Services are based on patented and patent pending intellectual property. Content that forms the basis of the Services is also protected by copyright owned by Timely.Fun and/or third parties. Please note that if you copy portions of the Services covered by Timely.Fun’s patent or patents pending you are violating these patent rights and copyrights.
11. User Content and License
11.1 User Content means any and all information or data, including, without limitation, texts, documents, data, images, photos, graphics, videos, audio, logos and trademarks or any other content in any media and format, uploaded, posted or submitted by you about each event you create, ticket, register, host, publish, and promote or advertise in relation to the use of the Services (the “User Content”). You are responsible for your User Content and assume all risks associated with your User Content, including, anyone’s reliance on its accuracy, completeness or usefulness. You represent and warrant that (a) you own, or has the necessary permissions to use and authorize the use of your User Content; and (b) your User Content does not infringe any applicable law or regulation, or the rights of any third party.
11.2 By providing any User Content on the Timely.Fun platform, you retain any and all ownership or other rights over the User Content, but grant Timely.Fun a worldwide, perpetual, royalty-free, transferable, irrevocable, sub licensable, non-exclusive right and license for any purpose related to Timely.Fun’s Services during the Term, including but not limited to accessing, using, posting, publishing, advertising, distributing and broadcasting the User Content through any channel, including other Timely’s event discovery websites, and allowing others to do the same (the “Content License”). Also, you irrevocably waive Timely.Fun, and cause to be waived, any claims and assertions of moral rights or attributions with respect to your User Content.
11.3 You acknowledge that Timely.Fun may take down or remove from its website and calendar, at any time, any User Content: (i) that violates this Agreement, and other terms and policies that apply to your use of Timely.Fun Services; (ii) is a Prohibited Use. Furthermore, you represent and warrant that you have all rights, power and authority necessary to grant the license under this clause. If we remove User Content that you shared in violation of the provisions above, we will let you know and explain any options you have to request another review, unless you: (i) seriously or repeatedly violate these terms, or (ii) if doing so may expose us or others to legal liability, harm others, or compromise or interfere with the integrity or operation of any of our Services. We also can remove or restrict access to your User Content, if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to Timely.Fun.
11.4 You grant us the right to add your name, company name and company logo on our website and other marketing and sales materials, identifying you as a Timely.Fun customer, as well as publish your reviews and testimonials.
12. Disclaimer of Warranties and Limitation of Liability
12.1 YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK, AND THAT ALL SERVICES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, TIMELY.FUN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
12.2 TIMELY.FUN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF TIMELY.FUN SERVERS AND/OR ANY AND ALL INFORMATION STORED OR PRESENTED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND/OR (IV) ANY FRAUDULENT ACTIVITIES IN ANY WAY CONNECTED TO THE USE OF TIMELY.FUN NETWORK SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. TIMELY.FUN WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12.3 TO THE EXTENT PERMITTED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL TIMELY.FUN, ITS OWNERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND/OR THIRD PARTIES WORKING ON THEIR BEHALF BE LIABLE TO YOU OR ANY THIRD PARTY, UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY, (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS PROFITS, GOODWILL, USE, DATA, OPPORTUNITY COSTS, INTANGIBLE LOSSES, OR THE COST OF SUBSTITUTE SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE PAYMENTS MADE BY YOU TO TIMELY.FUN IN THE 3 (THREE) MONTHS PERIOD IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO THE CLAIM, OR CAD 100 (ONE HUNDRED CANADIAN DOLLARS), WHICHEVER IS LARGER. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
13. Release and Indemnification
13.1 Timely.Fun provides Services that create a marketplace where Users transact in connection with the creation, ticketing, booking, registration, hosting, publishing, promotion, advertisement, curation and attendance of events. Timely.Fun could not uphold the risk inherent to provision of Services if it were held responsible for the actions or inactions of Users and/or third parties both on and off the Services. Therefore, in relation to the provision of Services by Timely.Fun, you hereby agree to release Timely.Fun, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees from any and all damages (whether direct, indirect, consequential, incidental or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with claims and disputes between you and third parties (including other Users) in connection with the Services.
13.2 You agree to defend, indemnify and hold Timely.Fun, and any related and affiliated party, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, consequential, incidental, or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) due to or arising out of: (a) your improper use of the Services; (b) your breach of any part of these Terms of Service; (c) your breach of any applicable law, rule or regulation or the rights of any third party; or (d) your use of Services provided by Timely.Fun for the purpose of creating, ticketing, or promoting an event. This indemnification shall not apply to the extent that the Claim arises exclusively out of Timely.Fun’s gross negligence or willful misconduct.
14. General Provisions
14.1 You may receive notices by email at the email address or phone number registered on Timely.Fun. If you wish to contact Timely.Fun or send any notifications, you may do so at the following email address:
To Timely.Fun: info@timely.fun
Any changes we may make to these Terms of Service and to our Privacy Policy and Cookies Policy in the future will be posted on our website and, where appropriate, notified to you by sending an e-mail to the primary email address associated with your account.
14.2 Timely.Fun website and subdomains may contain links to other sites, which does not mean that these sites are owned or operated by Timely.Fun, which has no control over third-party sites, and therefore will not be responsible for their content, practices, and services offered. The presence of links to other sites does not imply a partnership, supervision, complicity, or solidarity relationship between Timely.Fun and these sites and their contents.
14.3 These Terms of Service, including all applicable Policies and any other legal notices or terms published on our website, govern your use of the Services and constitute the entire agreement between you and us concerning the Services, superseding all prior or contemporaneous agreements, proposals, discussions, understandings and other communications between Timely.Fun and you, other than any written Addendum Agreement between you and an authorized officer of Timely.Fun relating to a specified event or events.
14.4 If any provision of these Terms is deemed invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, the invalidity of such provision shall not affect the validity, legality and enforceability of the remaining provisions, which shall remain in full force and effect.
14.5 All waivers of any right or remedy must be given in writing. No failure to exercise, and no delay in exercising, any right or remedy under this Agreement, will be deemed to be a waiver of that right or remedy. Further, no express waiver by either party of a particular breach of these Terms of Service shall be construed or deemed a further or continuing waiver of such provision or term or any other provision or term.
14.6 This Agreement is binding upon and will inure to the benefit of both parties, and their respective successors and permitted assigns. We may, without your consent or approval, freely assign these Terms of Service, including without limitation all applicable Policies, and our rights and obligations under these Terms of Service, whether to an affiliate or to another entity in connection with a corporate transaction or otherwise. You may not transfer or assign these Terms of Service (whether voluntarily, by operation of law, or otherwise) or any rights herein without Timely.Fun’s prior written consent, which will not be unreasonably upheld.
14.7 These Terms of Service and your relationship with Timely.Fun are governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with, the laws applicable in the Province of British Columbia, Canada, and shall be considered to have been made and accepted in British Columbia, Canada, without reference to principles of conflict of laws. For clarity, the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
14.8 All disputes under this Agreement will be resolved by a court located in Vancouver, British Columbia, Canada. Both you and Timely.Fun agree to submit to the personal jurisdiction and venue of such courts and agree that such a forum is convenient.