Indiana University Terms of Use for Massive Open Online Courses (MOOCs) and other Open Online Courses

Introduction

Indiana University (“IU”) hosts this course (hereafter “OOC”) using Google’s Course Builder platform. You will need a Google Account in order to participate in any IU OOC hosted on Course Builder. Your use of that account is subject to the Google Terms of Service, available at http://www.google.com/intl/en/policies/terms/.

Your participation in any IU OOC, and your use of the IU site on which it is made available (the “Site”), are also subject to the following IU Terms of Use for the Site ("Terms of Use"). In consideration for your agreement to these Terms of Use, IU grants you a personal, non-exclusive, limited, non-transferable license to access and use the Site as described in this document.

Acceptance of the Terms of Use

By using the Site and participating in an IU OOC, you are agreeing to these Terms of Use. Please read them carefully before accessing or participating in any chatroom, newsgroup, bulletin board, mailing list, website, transaction, or other on-line forum, course, or service made available by IU related to its OOCs. By using the Site and participating in an IU OOC, you signify and acknowledge that you have read these Terms of Use and agree that they constitute a binding and enforceable legal agreement between you (sometimes referred to as “End User”) and IU, and that you agree to be bound by and comply with the Terms of Use. If you do not agree to be bound by these Terms of Use you may not access the Site or participate in an IU OOC. IU reserves the right to terminate access to the Site or to any IU OOC for any End User at any time who violates any of these Terms of Use.

Changes to the Terms of Use

IU reserves the right to change or modify these Terms of Use or any of its other policies, terms of use or terms of service (collectively, "IU Terms") for its OOCs or otherwise, at its sole discretion and at any time, and without notice to you. You should check back frequently to determine whether any of the IU Terms have changed. If you do not agree to abide and be bound by the modified IU Terms, you should discontinue your participation in the OOC or other applicable IU program or service offering, because your continued participation in the OOC or IU program or service offering constitutes binding and ongoing acceptance of the modified IU Terms.

Restrictions on Participation

Registration and participation in any IU OOC is restricted to individuals over 18 years of age. By registering or participating in services or functions on the Site, you hereby represent that you are over 18 years of age. By registering or participating in services or functions on the Site, you also represent that you will register for each IU OOC only once. In addition, by registering or participating in services or functions on the Site, you agree to abide by the Honor Code. If you do not qualify or do not agree to these terms, you may not use the Site.

Do not misuse the Site or any of the content provided in the OOC. You may not interfere with the presentation or delivery of the OOC or try to access the Site or the OOC using any method other than the interface and the instructions that we or Google may provide.

As a condition of accessing the Site, you may not (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site other than as expressly allowed under these Terms of Use; (b) use IU's name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Site (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Site, place pop-up windows over its pages or otherwise affect the display of its page; (e) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose; (f) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or(g) otherwise interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.

Honor Code

Academic integrity requires that you take credit only for ideas and efforts that are your own. You agree not to use unauthorized assistance, materials, information, or study aids in any assessments. You agree not to use another person as a substitute in taking assessments. You agree not to take any credit for a team project unless you have made a fair and substantial contribution to the group effort. You agree that you will not intentionally or knowingly help or attempt to help another participant to commit an act of academic misconduct.

Intellectual Property

This OOC has been built using Google’s open source Course Builder platform pursuant to the Apache 2.0 license, which is available at http://www.apache.org/licenses/LICENSE-2.0.

IU’s OOCs, and all content or other materials available on the Site, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files, and other content, are the property of The Trustees of Indiana University and/or its affiliates or licensors, and are protected by copyright, patent, and/or other intellectual property rights under the United States and foreign laws. Your participation in any OOC does not give you ownership of any intellectual property rights in any of its content.

You may download and print material from the Site only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material from the Site, nor may you modify or create derivative works from the material on the Site. The burden of determining that your use of any information, software, or any other content on the Site is permissible rests with you.

These terms do not grant you the right to use any IU branding, trademarks or logos, or those of any third party, that may be contained in the content or materials on the Site or as otherwise used in any OOC.

Data Privacy and Security

IU will gather certain personal data from you when you register and participate in an for an IU OOC, such as your e-mail address, location, preferences, and responses to certain survey informationyour assignments, etc. IU will only use this personal data for certain limited purposes, including improvement of to improve site content and for non-commercial research purposes. IU will use reasonable safeguards consistent with prevailing industry standards and commensurate with the sensitivity of your data to maintain the security of that information on its systems and will never sell your personal data to commercial entities. See the policies available at http://protect.iu.edu/privacy/policies/electronic-information and for a complete explanation of IU’s privacy practices with respect to this OOC ("collectively, IU's Privacy Policies").

ADA Accessibility

IU has made every effort to provide the Content in its OOCs in a form that is reasonably accessible to End Users with disabilities, including End Users with visual impairments who use screen reader technologies. Some Content, by its nature, may not be adaptable using such technology, including inherently visual content. If an End User’s accessibility needs extend beyond the accommodations IU has already made, and that End User wishes to request additional accommodations, IU will, consistent with and to the extent required under applicable laws and regulations pertaining to disability access, use reasonable efforts to provide appropriate accommodations in a reasonable timeframe. Please visit http://iuadapts.indiana.edu/ for contact information to request additional assistance.

Disclaimer: Forum Participation

The Site includes forums containing the personal opinions and other expressions of the participants, who may post entries on a wide range of topics. Neither the User Content (as defined below), nor any links to other websites on the Site, are screened, moderated, approved, reviewed or endorsed by IU. By posting to or viewing such forums, you agree that IU is not responsible or liable for the content of any postings or for making such posting available on the Site or otherwise. IU reserves the right (but not the obligation) to remove any content from such forums in its sole discretion at any time and without notice to the posting party or anyone else.

Rules for Online Conduct

Your use of the Site must not violate any applicable laws, rules or regulations. You are not permitted to use the Site for organized, partisan political activities. You also may not e-mail or post any of the following content (“Prohibited Content”) anywhere on the Site:

Although IU is not obligated to routinely screen or monitor content posted by users to the Site, IU reserves the right to do so, and to remove Prohibited Content of which it becomes aware (though in doing so, IU does not create any duty or obligation to take such action in the future). It is your responsibility to determine whether your use of the Site is lawful and complies with these Rules for Online Conduct.

User Accounts

In order to fully participate in all Site activities, you must register for a personal Google account (a “User Account”) by providing an email address and a password for your User Account. You may only create and access the Site under one User Account. You may not divulge or share access or access information to your User Account with any third party for any reason except that you may do so if the receiving party is bound, in writing, to keep the information confidential and not to use it to access your account as an End User, but only as may be legally necessary or required.

In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and location. Additional information may be required to confirm your identity. You represent that all information provided by you is accurate, current and complete and you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site.

You may not access or attempt to access any other user's account, or misrepresent or attempt to misrepresent your identity while using the Site.

Online Course and Certifications

IU and the instructors of its OOCs reserve the right to cancel, interrupt, or reschedule the course or modify the content of any OOC as well as the point value or weight of any assignment, exam, or other evaluation of progress.

You may not use any IU OOC or any Letter of Completion as part of any tuition-based or for-credit certification or program for any college, university, or other academic institution, unless otherwise provided in a separate writing between you and IU. Such use of the OOC or Letter of Completion is a violation of these Terms of Use.

Disclaimer of Student-University Relationship

Nothing in these Terms of Use or otherwise with respect to your access or use of the Site, by itself, (a) establishes any relationship between you and IU other than your status as an End User in an IU OOC, (b) enrolls or registers you in IU, or in any course other than a OOC offered by IU, or otherwise guarantees your entitlement to register or matriculate at IU, or (c) entitles you to access or use IU’s resources not identified in these Terms of Use. IU will provide no verification to third parties, including employers or potential employers, of your participation in any course offered on the Site.

User Material Submission

The Site may provide you with the ability to upload or otherwise make available certain information, text, or materials, including without limitation, any information, text or materials you post on the Site’s public forums such as the discussion forums (“User Content”). With respect to your User Content, and subject to the IU Privacy Policies, you grant IU an unlimited, irrevocable, fully transferable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, sublicense, reproduce, modify, adapt, publicly perform and publicly display such User Content for any purpose. You represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide and use your User Content and permit IU to use such User Content as provided above (acknowledging that copyrighted material, including, without limitation, software, graphics, text, photographs, sound, video, and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or an authorized licensee); (b) such User Content is accurate and reasonably complete; (c) as between you and IU, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content; and (d) such User Content does not and will not infringe or misappropriate any third party rights (including without limitation privacy, publicity, or intellectual property or any other proprietary rights, such as copyright, trademark, or patent rights) or constitute a fraudulent statement or misrepresentation or unfair business practice.

The Sites may also provide you with the ability to upload or send information to IU regarding the Site or related services (“Feedback”). By submitting Feedback, you hereby grant IU an unlimited, irrevocable. fully transferable, worldwide, perpetual, royalty-free and non-exclusive license to use, disclose, reproduce, distribute, sublicense, modify, adapt, prepare derivative works of, publicly perform, and publicly display any such submission, for the purposes described below.

The rights you grant to IU in the User Content and Feedback by way of these licenses are for the limited purposes of allowing IU to conduct, improve, and further develop its current and future OOCs and the Site and to advertise or promote IU's other offerings, and allowing the other course participants to collaborate, coordinate, and otherwise participate in the OOC. These licenses continue even if you stop participating in the OOC and continue after the OOC has concluded. By submitting content to the OOC and/or the Site, you are representing and warranting that you have the necessary rights to grant IU these licenses.

Links to Other Sites

The Site may include hyperlinks to sites owned, maintained or controlled by others. Neither IU nor the instructors of the OOC are responsible for nor do they routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites.

Online Education Research

Records of your participation in the OOC may be used for researching online education or for creating visualizations of data. In the interests of this research, you may be exposed to slight variations in the course materials that will not substantially alter your learning experience. All research findings and visualizations will be reported at the aggregate level and will not expose your personal identity.

Disclaimer of Warranty / Limitation of Liabilities

IU will host and provide the OOC and the Site using a commercially reasonable level of skill and care. That said, THE SITE AND ANY INFORMATION, PRODUCTS, OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IU AND ITS ITS TRUSTEES, OFFICERS, AGENTS, EMPLOYEES, AND ASSIGNEES, INCLUDING ITS INSTRUCTORS AND THEIR STAFF (COLLECTIVELY, THE “IU PARTIES”) DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY, OR COMPLETENESS OF ANY ONLINE COURSE, SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. THE IU PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE IU PARTIES DO NOT WARRANT THAT (A) THE ONLINE COURSES OR SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE ONLINE COURSES OR SITE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, (C) THE ONLINE COURSES OR SITE WILL BE TIMELY, SECURE, OR ERROR-FREE, (D) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE ONLINE COURSES OR SITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE, OR RELIABLE, OR (E) THAT DEFECTS IN OR ON THE ONLINE COURSES OR SITE WILL BE CORRECTED. NONE OF THE IU PARTIES MAKES ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITE, AND YOUR ABILITY TO ACCESS THE ONLINE COURSES AND SITE MAY BE IMPAIRED. THE IU PARTIES DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE ONLINE COURSES OR SITE OR ANY INFORMATION OR SERVICES RELATED TO THEM.

ANY ACCESS TO OR USE OF THE ONLINE COURSES AND SITE OR SUCH INFORMATION OR SERVICES IS AT YOUR OWN RISK.

EXCEPT AS PROHIBITED BY LAW, THE IU PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE AN ONLINE COURSE, SITE, DATA LOSS, YOUR PLACEMENT OF CONTENT ON A SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH AN ONLINE COURSE OR SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE ONLINE COURSES OR SITE.

EXCEPT AS PROHIBITED BY LAW, THE IU PARTIES WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OR INABILITY TO USE ANY ONLINE COURSE OR SITE, DATA LOSS, ANY PURCHASES ON THIS SITE, YOUR PLACEMENT OF CONTENT ON A SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ANY ONLINE COURSE OR SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW, RULE OR REGULATION. NOTWITHSTANDING THE LIMITATIONS DECRIBED IN THIS AGREEMENT, IU'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE USER'S USE OF THE SITE WILL NOT EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY IU FROM THE USER FOR THE USE OF THE SITE DURING THE PAST 12 MONTHS, WHICHEVER IS GREATER.

THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE IU PARTIES, AND THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR IU'S ABILITY TO MAKE THE SITE AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

ANY CAUSE OF ACTION RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Copyright Policy

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

If you believe in good faith that materials on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

Notices must meet the then-current statutory requirements imposed by the DMCA; see copyright.iu.edu for more information and for contact information for DMCA notices.

Indemnification

You shall indemnify, defend, and hold harmless the IU Parties , from any and all liabilities, expenses and damages, including reasonable attorneys’ fees and costs, based upon or arising out of any claim, suit or demand made by any third party relating to or arising out of (a) your use or attempted use of the Site or the OOC in violation of the Terms of Use; (b) your violation of any law, rule or regulation, or the rights of any third party, or (c) information that you post or otherwise make available on the Site or through the OOC, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Termination Rights

IU, in its sole discretion, may terminate your use of the Site or your participation in it thereof, for any reason or no reason, and none of the IU Parties shall have any liability to you for any such action. For the purpose of any course delivered on the Site, your sole relationship with IU is as defined in these Terms of Use; for the avoidance of doubt, you do not have student status at IU solely by virtue of your participation in the OOC, and you are not entitled to any grievance or other resolution process for student disputes at IU. IU has the right to cancel, delay, reschedule or alter the format of any Online Course at any time, and none of the IU Parties shall have any liability to you for any such action. If you no longer desire to participate in the Site, you may terminate your participation therein upon notice to IU.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, it will not affect any other terms.

The laws of the State of Indiana, U.S.A., excluding Indiana’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or your use of the Site. All claims arising out of or relating to these terms or the Site will be litigated exclusively in the federal or state courts in Indianapolis, Indiana, U.S.A., and you and IU both consent to personal jurisdiction in those courts.