Main Issues Merri Beth Terms of Use Beth Examples Maggie Resources Questions and Discussion

Transcription

1 Beth Cate, Assciate General Cunsel Merri Beth Lavagnin, Chief Privacy Officer and Cmpliance Crdinatr Margaret Ricci, Instructinal Cnsultant Main Issues Merri Beth Terms f Use Beth Examples Maggie Resurces Questins and Discussin 1

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3 11/4/10 Terms f Service Need t Back Up Cntent Privacy N Lcal Supprt FERPA N Training Accessibility fr Students with Disabilities Technical Prblems Cpyright Law Intellectual Prperty Rights Retaining Recrds End User License Agreements 3

4 Three mst critical risks when using fr instructinal purpses 4

5 Dn t put any infrmatin classified at IU as Critical int a third-party tl withut entering int a cntract with the vendr. Scial Security numbers Credit card numbers Debit card numbers Bank accunt/financial accunt numbers Driver's license numbers State ID card numbers Student lan infrmatin Fundatin dnr data Prtected health infrmatin Individually identifiable health infrmatin Passphrases/passwrds, PINs, and security/access cdes Dn t put any infrmatin cvered by FERPA int a third-party tl withut entering int a cntract with the vendr. Cntent created by students when using such tls t fulfill curse requirements d nt cnstitute student educatin recrds under FERPA. Hwever, cpies f such recrds that are maintained by an instructr in his r her wn files d cnstitute FERPA-prtected student educatin recrds. 5

6 Dn t give away Intellectual Prperty yu are nt entitled t give away, r that yu dn t want t give away. The service prvider prbably claims a license t cpy, adapt and share cntent as needed t enable the user t access and use the tl. If the license exceeds this limited scpe, then ensure that the wner f the rights in the cntent agrees t the scpe f the license. 6

7 Yu wn all f the cntent and infrmatin yu pst n Facebk, and yu can cntrl hw it is shared thrugh yur privacy and applicatin settings. In additin: Fr cntent that is cvered by intellectual prperty rights, like phts and vides ("IP cntent"), yu specifically give us the fllwing permissin, subject t yur privacy and applicatin settings: yu grant us a nn-exclusive, transferable, sub-licensable, ryalty-free, wrldwide license t use any IP cntent that yu pst n r in cnnectin with Facebk ("IP License"). This IP License ends when yu delete yur IP cntent r yur accunt unless yur cntent has been shared with thers, and they have nt deleted it. Yu retain yur rights t any Cntent yu submit, pst r display n r thrugh the Services. By submitting, psting r displaying Cntent n r thrugh the Services, yu grant us a wrldwide, nn-exclusive, ryalty-free license (with the right t sublicense) t use, cpy, reprduce, prcess, adapt, mdify, publish, transmit, display and distribute such Cntent in any and all media r distributin methds (nw knwn r later develped). Yu agree that this license includes the right fr Twitter t make such Cntent available t ther cmpanies, rganizatins r individuals wh partner with Twitter fr the syndicatin, bradcast, distributin r publicatin f such Cntent n ther media and services, subject t ur terms and cnditins fr such Cntent use. 7

8 Such additinal uses by Twitter, r ther cmpanies, rganizatins r individuals wh partner with Twitter, may be made with n cmpensatin paid t yu with respect t the Cntent that yu submit, pst, transmit r therwise make available thrugh the Services. We may mdify r adapt yur Cntent in rder t transmit, display r distribute it ver cmputer netwrks and in varius media and/r make changes t yur Cntent as are necessary t cnfrm and adapt that Cntent t any requirements r limitatins f any netwrks, devices, services r media. Yu are respnsible fr yur use f the Services, fr any Cntent yu prvide, and fr any cnsequences theref, including the use f yur Cntent by ther users and ur third party partners. Yu understand that yur Cntent may be rebradcasted by ur partners and if yu d nt have the right t submit Cntent fr such use, it may subject yu t liability. Twitter will nt be respnsible r liable fr any use f yur Cntent by Twitter in accrdance with these Terms. Yu represent and warrant that yu have all the rights, pwer and authrity necessary t grant the rights granted herein t any Cntent that yu submit. Any feedback, cmments, r suggestins yu may prvide regarding Twitter, r the Services is entirely vluntary and we will be free t use such feedback, cmments r suggestins as we see fit and withut any bligatin t yu. 8

9 Other than the limited license set frth in Sectin 11, Ggle acknwledges and agrees that it btains n right, title r interest frm yu (r yur licensrs) under these Terms in r t any Cntent that yu submit, pst, transmit r display n, r thrugh, the Services, including any intellectual prperty rights which subsist in that Cntent (whether thse rights happen t be registered r nt, and wherever in the wrld thse rights may exist) By submitting, psting r displaying the cntent yu give Ggle a perpetual, irrevcable, wrldwide, ryalty-free, and nn-exclusive license t reprduce, adapt, mdify, translate, publish, publicly perfrm, publicly display and distribute any Cntent which yu submit, pst r display n r thrugh, the Services. This license is fr the sle purpse f enabling Ggle t display, distribute and prmte the Services and may be revked fr certain Services as defined in the Additinal Terms f thse Services Yu agree that this license includes a right fr Ggle t make such Cntent available t ther cmpanies, rganizatins r individuals with whm Ggle has relatinships fr the prvisin f syndicated services, and t use such Cntent in cnnectin with the prvisin f thse services Yu understand that Ggle, in perfrming the required technical steps t prvide the Services t ur users, may (a) transmit r distribute yur Cntent ver varius public netwrks and in varius media; and (b) make such changes t yur Cntent as are necessary t cnfrm and adapt that Cntent t the technical requirements f cnnecting netwrks, devices, services r media. Yu agree that this license shall permit Ggle t take these actins Yu cnfirm and warrant t Ggle that yu have all the rights, pwer and authrity necessary t grant the abve license. 9

10 Yu will reslve any claim, cause f actin r dispute ("claim") yu have with us arising ut f r relating t this Statement r Facebk exclusively in a state r federal curt lcated in Santa Clara Cunty. The laws f the State f Califrnia will gvern this Statement, as well as any claim that might arise between yu and us, withut regard t cnflict f law prvisins. Yu agree t submit t the persnal jurisdictin f the curts lcated in Santa Clara Cunty, Califrnia fr the purpse f litigating all such claims. These Terms and any actin related theret will be gverned by the laws f the State f Califrnia withut regard t r applicatin f its cnflict f law prvisins r yur state r cuntry f residence. All claims, legal prceedings r litigatin arising in cnnectin with the Services will be brught slely in San Francisc Cunty, Califrnia, and yu cnsent t the jurisdictin f and venue in such curts and waive any bjectin as t incnvenient frum. 10

11 The Terms, and yur relatinship with Ggle under the Terms, shall be gverned by the laws f the State f Califrnia withut regard t its cnflict f laws prvisins. Yu and Ggle agree t submit t the exclusive jurisdictin f the curts lcated within the cunty f Santa Clara, Califrnia t reslve any legal matter arising frm the Terms. Ntwithstanding this, yu agree that Ggle shall still be allwed t apply fr injunctive remedies (r an equivalent type f urgent legal relief) in any jurisdictin. If anyne brings a claim against us related t yur actins, cntent r infrmatin n Facebk, yu will indemnify and hld us harmless frm and against all damages, lsses, and expenses f any kind (including reasnable legal fees and csts) related t such claim. 11

12 Yu agree that yu are slely respnsible fr (and that Ggle has n respnsibility t yu r t any third party fr) any breach f yur bligatins under the Terms and fr the cnsequences (including any lss r damage which Ggle may suffer) f any such breach. 12

13 Yea! Cnvenient Flexible Free Cutting edge In the clud Empwering Often public Hmmm Smetimes ephemeral (Ggle Wave) Nt under yur cntrl Nt necessarily designed with educatin (r FERPA) in mind Nt supprted by IU Supprt Center 13

14 Cgnitive lad Brain pwer required t master technlgy Brain pwer required t d the curse wrk Cmfrt levels Hw safe des yur space need t be? Can yu ffer chices? What abut utsiders? Jshua Danish Oncurse as the glue Let students chse amunt f expsure they wanted Twitter - ptinal Blgs in Oncurse r in the wild Nina Onesti Twitter t allw students t ask questins in class Hudsn and Degast-Kennedy (2009) Secnd Life as a virtual training grund 14

15 Jin us t see what s next! 15

16 FOR ASSISTANCE With general issues, t figure ut hw t get started, fr advice n tls, r fr pedaggical and technlgy assistance: cntact yur campus Teaching and Learning Center. With instructinal r student-related issues: cntact yur campus Office f Academic Affairs. With cntractual, cpyright, r legal issues: cntact General Cunsel s Office at (IUB) r (IUPUI). With general infrmatin plicy, security, r privacy issues: cntact the University Infrmatin Plicy Office at UIPO r uip@iu.edu. FOR THE MATERIAL COVERED TODAY Use f Scial Netwrks, Blgs, Wikis, and Other Third-Party Hsted Tls in Instructin, Indiana University Teaching Handbk, < Lavagnin, M.B., Plicy as an Enabler f Student Engagement, EDUCAUSE Review, 45, n.5: , < EDUCAUSEReviewMagazineVlume45/PlicyasanEnablerfStudentEnga/213959>. 16