World Atlas - Terms of Use & EULA

Last Updated: April 15, 2014

RM Acquisition, LLC d/b/a Rand McNally and its affiliates (herein collectively referred to as "Rand McNally,” "we," "us," or "our," except where noted), operates and owns Rand McNally World Atlas ("World Atlas"). Rand McNally provides World Atlas as a service to you subject to the following Terms of Use ("TOU"), EULA, Privacy Policy, Rand McNally Website Terms of Use, which may be updated by us from time to time without notice to you, and the Rand McNally World Atlas Order Form and Agreement ("Order Form and Agreement"). By using World Atlas, you agree to the following terms.

The following is the Agreement made between you and Rand McNally:

1. SERVICE FOR SUBSCRIBERS

The service that Rand McNally shall provide to you during the term of your subscription shall include certain World Atlas services related to geography and social studies education provided and administered by Rand McNally, and these benefits or features may change at any time. This service is provided for educational purposes only. All other terms stated herein governing use of this website are applicable to the World Atlas service.

2. SUBSCRIPTION

Rand McNally offers fee-based subscriptions to World Atlas to qualified educational institutions and libraries for use by the students and staff of those institutions. The usernames and passwords may not be posted on any publicly available internet site and may only be provided to the institution that subscribes to World Atlas, may only be used by the students and staff of such subscribing institution and may not be provided to any other institution or student, staff or individual who is not affiliated with the subscribing institution.

3. SUBSCRIPTION FEE

The use of World Atlas requires a subscription fee. Please contact us to find out more about pricing. Rand McNally, at its discretion, may offer free trials of World Atlas. In such event, users of a free trial must adhere to all of the terms of use set forth herein.

4. RENEWALS

Subscriptions to World Atlas will not be automatically renewed. Subscribing institutions must submit payment or purchase order in advance to continue the subscription each year or access will be terminated and any saved data will be deleted.

5. LICENSE

Subscribers to World Atlas are granted a limited license to use all content provided in World Atlas only for educational purposes by authorized users of the subscribing institution. This use includes downloading content, printing content, and duplicating this content for use in school documents, presentations, student reports and other school related projects. The display of content may be manipulated for instructional or educational purposes, but all Rand McNally trademarks and copyrights must be included. Rand McNally trademarks must always remain attached. You may not otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any materials from World Atlas, and may not republish, upload, post, transmit, loan, rent, transfer, sell or otherwise distribute any materials from World Atlas in any form, for any purpose. If you use the materials other than as permitted in this license, you will be violating Rand McNally's copyright and other proprietary rights.  Please see the EULA below for further restrictions. 

6. PROHIBITED USES

Content obtained from the user of World Atlas may not be posted or used on any personal, school or otherwise distributed or provided to any person who is not a member of the subscribing institution.

Rand McNally Online Terms Of Use

By using this Service or any other Rand McNally Service, you also agree to be bound by Rand McNally's general Terms of Use and Privacy Policy.

COPPA

The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers, which are consistently accessed by children under the age of 13 years old, obtain parental consent before they collect personally identifiable information online from these children.  Access to the Rand McNally World Atlas website (“World Atlas”) may be obtained from time to time by children under 13 years. Therefore, Rand McNally will only be collecting personal information through World Atlas from a child under 13 where that student’s school, district, and/or teacher has agreed (via the terms described in the following paragraph) to obtain parental consent for that child to use World Atlas and disclose personal information to us, for the use and benefit of the learning environment. If you are a student under 13, please do not send any personal information about yourself to us if your school, district, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with World Atlas. If Rand McNally learns we have collected personal information from a student under 13 without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at http://education.randmcnally.com/contact/.

If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or guardians whose children under 13 will be accessing the Services. You are responsible for understanding how the Terms of Use and license that you install on behalf of yourself or other users may collect and use information of users of World Atlas. When obtaining consent, you must provide parents and guardians with our Privacy Policy http://www.randmcnally.com/legal/doc/privacy_policy). You must keep all consents on file and provide them to us if we request them. For more information on COPPA, please click here. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use World Atlas as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into the Terms of Use on behalf of your school and/or district.

EULA

THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND RM ACQUISITION, LLC d/b/a RAND MCNALLY (“RAND MCNALLY”) STATING THE TERMS THAT GOVERN YOUR USE OF RAND MCNALLY WORLD ATLAS (THE “WORLD ATLAS”). THIS EULA, TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF RAND MCNALLY’S RULES AND POLICIES APPLICABLE TO WORLD ATLAS, COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND RAND MCNALLY. BY INSTALLING, COPYING OR USING WORLD ATLAS YOU ARE INDICATING THAT YOU AGREE TO THESE TERMS AND THIS EULA. IF YOU DO NOT AGREE TO THESE TERMS DO NOT INSTALL, COPY OR USE THE SOFTWARE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU. CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND RAND MCNALLY MAY REFUSE ACCESS TO WORLD ATLAS FOR NONCOMPLIANCE WITH ANY PART OF THIS EULA. THIS EULA IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED, E.G., IF APPLICABLE, YOUR EMPLOYER.

RAND MCNALLY AND YOU HEREBY AGREE TO THE FOREGOING AND AS FOLLOWS:

World Atlas is licensed, not sold, to You, for use only under the terms of this EULA, unless accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. Rand McNally reserves all rights not expressly granted to You.

a. Scope of License. The license granted to You for World Atlas under this EULA is limited to a non-transferable license to use World Atlas as permitted by the Terms of Use on this page and at http://www.randmcnally.com/terms (the “TOU”). Except as provided for in the TOU and Order Form and Agreement, this EULA does not allow You to distribute or make World Atlas available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense World Atlas. You may not copy (except as expressly permitted by this EULA and the TOU), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of World Atlas, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with World Atlas). Any attempt to do so is a violation of the rights of Rand McNally and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the EULA will govern any upgrades provided by Rand McNally that replace and/or supplement the original World Atlas, unless such upgrade is accompanied by a separate license agreement in which case the terms of that separate license agreement will govern.

b. Consent to Use of Data. You agree that Rand McNally may collect and use, and share with its parent company and affiliates (“Rand McNally Affiliates”) and its marketing partners for their use, technical data and related information, including but not limited to technical information that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to World Atlas as provided by Rand McNally or its marketing partners. Rand McNally, Rand McNally Affiliates and its marketing partners may use this information to improve their products or services or to provide other products, services or technologies to You. Rand McNally may use and share with Rand McNally Affiliates and its marketing partners for their use any personally identifiable information you provide (e.g., Your first and last name, home or other physical address location, e-mail address, or telephone number), in accordance with Rand McNally’s applicable privacy policy currently posted on the Rand McNally website at http://www.randmcnally.com/privacyPolicy.do (“Privacy Policy”) and the TOS.

c. Termination. This EULA will commence on the date of activation and continue until the Term specified in Your Order Form and Agreement. Your rights under this EULA will terminate automatically without notice from Rand McNally if You fail to comply with any term(s) of this EULA. Upon termination of the EULA, You shall cease all use of World Atlas, and destroy all copies, full or partial, of World Atlas.

d. Services Generally; Third Party Materials. World Atlas may enable access to Rand McNally’s websites and third party services and websites (collectively and individually, “Services”). Use of World Atlas may require Internet access and that You accept additional terms of service and consent to privacy policies which may differ from those of Rand McNally or which may vary from those described in this EULA. As described further below, You agree that Rand McNally shall have no liability or responsibility for the privacy practices or any other aspect of any third party services and websites, and you indemnify Rand McNally against any claims you may have resulting therefrom. Moreover, You agree to indemnify, defend and hold Rand McNally and its affiliates free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with any use or possession by You of World Atlas.

You agree that use of World Atlas is at Your sole risk and that Rand McNally shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

You agree that World Atlas contains proprietary content, information and material that is protected by applicable intellectual property laws and other laws, including but not limited to copyright laws, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of World Atlas. Except as provided herein, no portion of World Atlas may be reproduced in any form or by any means. You agree not to modify, copy, rent, lease, loan, sell, distribute, or create derivative works based on World Atlas, in any manner, and You shall not exploit World Atlas in any unauthorized way whatsoever, including but not limited to, by trespass, “data mining,” “data scraping” or burdening network capacity. You further agree not to use World Atlas in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Rand McNally is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of World Atlas.

In addition, World Atlas and Third Party Materials that may be accessed from, displayed or linked to are not available in all languages or in all countries. Rand McNally makes no representation that World Atlas and Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access World Atlas or Third Party Materials, You do so at Your own initiative and risk and are responsible for compliance with all applicable laws, including but not limited to applicable local laws in your jurisdiction. Rand McNally and its licensors reserve the right to change, suspend, remove, or disable access to World Atlas at any time without notice. In no event will Rand McNally be liable for the removal of or disabling of access to World Atlas. Rand McNally may also impose limits on the use of or access to certain World Atlas services, in any case and without notice or liability.

You understand that Rand McNally may offer integration with its own services and/or with third party services for your convenience. Further, you understand that Rand McNally may not be affiliated with or otherwise sponsored by these third party services, in which case Rand McNally shall not be responsible for the contents of, updates to, privacy practices or any other aspect of these third party services, which may differ from those of Rand McNally. Some third party companies may choose to share personal data of their users with Rand McNally, in which case such data sharing shall be governed by that third party’s privacy policy.

e. No Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF WORLD ATLAS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORLD ATLAS AND ANY SERVICES PERFORMED OR PROVIDED BY WORLD ATLAS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND RAND MCNALLY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO WORLD ATLAS AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. RAND MCNALLY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF WORLD ATLAS, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, WORLD ATLAS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF WORLD ATLAS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN WORLD ATLAS OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RAND MCNALLY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD WORLD ATLAS OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL RAND MCNALLY BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE WORLD ATLAS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, EQUITY OR OTHERWISE) AND EVEN IF RAND MCNALLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Rand McNally’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. Export. You may not use or otherwise export or re-export World Atlas except as authorized by United States law and the laws of the jurisdiction in which World Atlas was obtained. In particular, but without limitation, World Atlas may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using World Atlas, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use World Atlas for any purposes prohibited by United States or other applicable law.

h. U.S. Government Rights. World Atlas and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished – rights are reserved under the copyright laws of the United States.

i. Governing Law. The laws of the State of Illinois, excluding its conflicts of law rules, govern this EULA and your use of World Atlas. Your use of World Atlas may also be subject to other local, state, national, or international laws.

j. Copyrights and Trademarks. Except where otherwise specified, the contents of World Atlas are “Copyright © 2014-2015 RM Acquisition, LLC d/b/a Rand McNally. All rights reserved.” The contents of World Atlas are subject to protection under U.S. and foreign copyright laws. You are not permitted to use the copyrighted content outside of the normal functions of World Atlas without the prior written consent of Rand McNally. Moreover, there are no rights or licenses given to You for use of Rand McNally’s trademarks, including but not limited to the registered trademarks Rand McNally® and the Rand McNally globe logo.

k. Additional Information and How to Contact Us.

If you have any comments or questions about this EULA, please feel free to contact us at:

Rand McNally Consumer Affairs P.O. Box 7600 Chicago, IL 60680-9915

Web: To contact us via the internet, whether for technical support or any other matter, please complete our online request form at http://www.randmcnally.com/contact indicating your question or comments.

Special Note: When you contact us, please provide us with your exact name and address as it appears on correspondence you have received from us.

General. This EULA constitutes the entire agreement between You and Rand McNally, and governs any use of World Atlas, superseding any prior agreements between you and Rand McNally with respect thereto. You also may be subject to additional terms and conditions that may apply when you use affiliate programs, third party content, third party software or Services. The failure of Rand McNally to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. If any provision of this EULA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this EULA remain in full force and effect. Rand McNally is not responsible for circumstances beyond its control, including without limitation, actions of third parties, failures of internet connectivity, force majeure, Acts of God, acts of war or terror, natural disasters, or similar circumstances. This EULA may not be modified except as agreed to by the parties. You agree that regardless of any statute or law to the contrary, you must give us notice of any claim or course of action (a "Claim") arising out of or related to use of World Atlas within one (1) year after you become aware of the material facts and circumstances giving rise to such Claim and any Claim must be filed within two (2) years after such claim arose or be forever barred. The section titles in this EULA are for convenience only and have no legal or contractual effect. Your agreement to this EULA shall be implied by your use of World Atlas, in addition to any express agreement or assent to this EULA.