← Back to home

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE. These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“User,” “you” or “your”) and World Sky Services, LLC, an Illinois limited liability company (the “Company,” “we,” “us” or “our”), governing your access to and use of the website operated by the Company located at www.worldskyguide.com and all related content, tools, databases, newsletters and services (collectively, the “Site”). By accessing or using the Site, creating an account or clicking “I Agree,” you acknowledge that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Site.

The Site is intended for use by sophisticated institutional participants in the private equity, hedge fund and broader private funds industry, including fund sponsors, managers, general partners, in-house counsel, compliance officers, institutional investors and their respective professional advisers. The Site is not directed at, and should not be relied upon by, members of the general public or retail investors.

1. Nature of the Site; No Legal Advice or Attorney-Client Relationship

1.1 Informational Purposes Only. The Site provides general information, commentary, summaries, comparative surveys and reference materials concerning laws, regulations, market practices and regulatory developments relevant to capital raising by private equity funds, hedge funds and other private investment funds and vehicles (the “Content”). The Content addresses topics that may include marketing and distribution rules (including AIFMD, AIFMD II, national private placement regimes and similar frameworks), regulatory filings and related compliance matters.

1.2 No Legal Advice. THE COMPANY IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE. THE CONTENT IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL, REGULATORY, COMPLIANCE, INVESTMENT OR OTHER PROFESSIONAL ADVICE. The Content does not take into account your specific circumstances, fund structure, jurisdiction or investment strategy, and must not be relied upon as a substitute for advice from a duly qualified and licensed professional admitted to practice in the relevant jurisdiction.

1.3 No Attorney-Client Relationship. Use of the Site, submission of any inquiry through the Site, registration for an account or receipt of any Content does not create an attorney-client relationship, a fiduciary relationship or any other professional relationship between you and the Company, any of its officers, employees, contractors or contributors, or any law firm, attorney or other professional whose materials may be included in the Content or otherwise referenced, summarized, hosted or linked on the Site. No such relationship will be formed unless and until a separate written engagement agreement is executed by an authorized representative of the relevant law firm.

1.4 No Guarantee of Accuracy, Completeness or Currency. Laws, regulations, regulatory guidance and market practice in the areas covered by the Site change frequently and vary by jurisdiction. In some jurisdictions, laws regulating private investment funds may be relatively new and may not be subject to regulatory interpretation or guidance by securities or financial services regulators. While the Content is updated twice a year, it is possible that material changes in law may occur between update cycles. Given the number of jurisdictions covered by the Content, it is not possible to provide ongoing updates to the Content between update cycles, and the Company does not undertake any obligation to advise users of such changes in law potentially affecting the Content. While the Company endeavors to provide accurate and current information, the Company makes no representation or warranty that the Content is accurate, complete, current or applicable to any particular jurisdiction, fund structure or set of facts. You should independently verify all Content and consult qualified local counsel before taking or refraining from taking any action based on the Content.

1.5 Not a Substitute for Independent Advice. You acknowledge and agree that any decision to rely on, act upon, or refrain from acting upon any Content is made at your own risk and that you bear sole responsibility for obtaining appropriate independent legal, tax, regulatory and other professional advice tailored to your specific circumstances.

2. Eligibility and Permitted Users

2.1 The Site is intended solely for use by professional, institutional and sophisticated participants in the private funds industry acting in connection with their professional duties. By using the Site, you represent and warrant that:

• you are at least 18 years of age and have the legal capacity to enter into a binding agreement;
• you are accessing the Site in a professional capacity in connection with the business of a private equity fund, hedge fund, fund sponsor, investment adviser, law firm, financial institution, institutional investor or similar entity, or as an authorized adviser or service provider to such an entity;
• if you are accessing the Site on behalf of an organization, you have the authority to bind that organization to these Terms, and references to “you” include that organization; and
• your use of the Site complies with all laws and regulations applicable to you, including any export control, sanctions or licensing requirements applicable in your jurisdiction.

2.2 The Company reserves the right, in its sole discretion, to refuse access to, suspend or terminate the account of any User who does not meet, or who the Company reasonably believes does not meet, the criteria set out in this Section 2.

3. Registration and Account Security

3.1 Certain areas of the Site, or certain Content, may require registration for an account or a paid subscription. You agree to provide accurate, current and complete information during registration and to update such information to keep it accurate, current and complete.

3.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify the Company promptly of any unauthorized use of your account or any other breach of security.

3.3 Accounts are personal to the User (or, where applicable, the institution) to which they are issued and may not be shared, sold, transferred or sublicensed without the Company’s prior written consent.

4. Subscriptions, Fees, and Payment

4.1 Access to certain Content or features of the Site may require payment of subscription fees as described on the Site or in a separate order form or subscription agreement (a “Subscription Agreement”). All fees are exclusive of applicable taxes, which you are responsible for paying.

4.2 Unless otherwise specified in a Subscription Agreement, subscription fees are billed on a recurring basis and are non-refundable except as required by applicable law or as otherwise expressly stated in the applicable Subscription Agreement.

4.3 The Company reserves the right to change its fees upon reasonable notice, provided that any fee change will not apply to a then-current subscription term until the start of the next renewal term, unless required sooner by law.

4.4 The Company reserves the right to suspend or terminate access to paid Content for accounts with overdue payments, subject to any notice requirements set out in the applicable Subscription Agreement.

5. Intellectual Property Rights

5.1 Ownership. The Site and all Content, including all text, graphics, logos, surveys, comparative tables, databases, compilations, software and the selection, arrangement and presentation thereof, are owned or licensed by the Company, its licensors or its content contributors, and are protected by copyright, trademark, database rights and other intellectual property and proprietary rights laws.

5.2 Limited License. Subject to your compliance with these Terms (including any applicable Subscription Agreement), the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and Content solely for your internal business purposes consistent with these Terms.

5.3 Restrictions. Except as expressly permitted under these Terms or a Subscription Agreement, you must not and must not permit any third party to:

• copy, reproduce, republish, distribute, display, sell, license, rent, lease or otherwise commercially exploit any Content;
• create derivative works based on the Content, or use the Content to create or contribute to a competing product or service, including any database, survey or comparative tool;
• use any automated means, including bots, scrapers, spiders or data-mining tools, to access, monitor, copy or extract any portion of the Site or Content;
• remove, obscure or alter any copyright, trademark or other proprietary rights notices contained in or on the Content; or
• reverse engineer, decompile or disassemble any portion of the Site, except to the extent such restriction is prohibited by applicable law.

Notwithstanding the foregoing, users of the Site that are law firms or other professional advisors may share copies of the Content with their clients from time to time as required, on a reasonable, “need to know” basis, to permit such users to provide legal or other professional advice or services to their client. In such circumstances, the applicable client will be subject to these Terms in the same manner as the law firm or other professional advisor providing such Content to its client.

5.4 Trademarks. All trademarks, service marks, trade names and logos displayed on the Site are the property of the Company or their respective owners. Nothing on the Site grants any license or right to use any such trademark without the prior written consent of the applicable owner.

5.5 Third-Party Content. The Site may host, summarize, link to or incorporate content prepared by third-party law firms, contributors or other organizations (“Third-Party Content”). Third-Party Content is provided for informational purposes only, remains the property of its respective owner, and the inclusion of such Third-Party Content does not constitute an endorsement, recommendation or referral by the Company.

6. Acceptable Use

In using the Site, you agree that you will not:

• use the Site for any unlawful purpose or in violation of any applicable local, state, national or international law or regulation;
• upload, post or transmit any content that is defamatory, fraudulent, infringing or that violates the intellectual property, privacy or other rights of any third party;
• attempt to gain unauthorized access to the Site, other Users’ accounts or any systems or networks connected to the Site;
• introduce any virus, malware or other harmful code to the Site;
• interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or
• misrepresent your identity, affiliation or authority to act on behalf of any person or entity.

7. Privacy

Your use of the Site is also governed by our Privacy Policy, available at www.worldskyguide.com/privacy, which describes how we collect, use and disclose information about you. By using the Site, you consent to the collection and use of such information in accordance with the Privacy Policy.

8. Disclaimers

8.1 THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.

8.2 THE COMPANY DOES NOT WARRANT OR REPRESENT THAT THE CONTENT IS SUITABLE FOR USE IN ANY PARTICULAR JURISDICTION OR FOR ANY PARTICULAR FUND STRUCTURE, STRATEGY OR TRANSACTION. REGULATORY REQUIREMENTS DESCRIBED IN THE CONTENT MAY HAVE CHANGED SINCE PUBLICATION AND MAY DIFFER BASED ON FACTORS NOT ADDRESSED IN THE CONTENT.

8.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9. Limitation of Liability

9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE EQUITYHOLDERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRIBUTORS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE BASED AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO THE COMPANY FOR ACCESS TO THE SITE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS.

9.3 Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. In such jurisdictions, the Company’s liability will be limited to the maximum extent permitted by applicable law.

10. Indemnification

You agree to indemnify, defend and hold harmless the Company, its affiliates and their respective equityholders, directors, managers, officers, employees, agents, contributors and licensors from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees and expenses) arising out of or in any way connected with (a) your access to or use of the Site, (b) your violation of these Terms, (c) your violation of any rights of a third party or (d) any decision made or action taken or omitted by you in reliance on the Content.

11. Term, Suspension and Termination

11.1 These Terms remain in effect for as long as you access or use the Site.

11.2 The Company may suspend or terminate your access to the Site, in whole or in part, at any time, with or without notice, for any reason, including if the Company believes, in its reasonable discretion, that you have violated these Terms.

11.3 Upon termination, your right to access and use the Site will immediately cease. Sections of these Terms which by their nature should survive termination (including Sections 1, 5, 8, 9, 10, 12 and 13) will survive any termination or expiration of these Terms.

12. Governing Law and Dispute Resolution

12.1 These Terms and any dispute arising out of or relating to these Terms or the Site will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles.

12.2 Any dispute arising out of or relating to these Terms or the Site will be resolved by binding arbitration administered by the American Arbitration Association under its rules then in effect, with the seat of arbitration in Chicago, Illinois, conducted in the English language by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

12.3 You agree that any claim or cause of action arising out of or related to your use of the Site must be filed within one year after such claim or cause of action arose, or be forever barred.

13. General Provisions

13.1 Changes to These Terms. The Company may modify these Terms from time to time. If the Company makes material changes, it will provide notice by posting the updated Terms on the Site and updating the “Last Updated” date, or by other reasonable means. Your continued use of the Site after the effective date of any changes constitutes your acceptance of the revised Terms.

13.2 Changes to the Site. The Company reserves the right to modify, suspend or discontinue the Site, or any part of the Content, at any time without notice or liability.

13.3 Entire Agreement. These Terms, together with the Privacy Policy and any applicable Subscription Agreement, constitute the entire agreement between you and the Company regarding the Site and supersede all prior or contemporaneous understandings, agreements, representations, and warranties.

13.4 Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

13.5 No Waiver. No failure or delay by the Company in exercising any right under these Terms will operate as a waiver of that right.

13.6 Assignment. You may not assign, transfer or delegate any of your obligations under these Terms, by operation of law or otherwise, without the Company’s prior written consent. The Company may assign these Terms without restriction, including in connection with a merger, acquisition or sale of assets.

13.7 No Third-Party Beneficiaries. These Terms do not confer any rights or remedies on any person other than you and the Company.

13.8 Export Control and Sanctions. You represent that you are not located in, under the control of, or a national or resident of any country subject to comprehensive sanctions administered by the U.S. Office of Foreign Assets Control or other applicable sanctions authorities, and you are not on any restricted party list maintained by such authorities.

13.9 Notices. The Company may provide notices to you via email, through the Site, or by other reasonable means. You may provide notices to the Company at admin@worldskyguide.com.

14. Contact Information

If you have any questions about these Terms, please contact us at:

World Sky Services, LLC

admin@worldskyguide.com