LAST UPDATED August 16, 2023

Below is a copy of the instructor privacy policy and terms of use that instructors must agree to to use CourseKata. If you have any questions regarding this agreement, please contact us at info@coursekata.org

Privacy Policy and Terms of Use Agreement

This Privacy Policy and Terms of Use Agreement (the “Agreement”) is entered into by and between CourseKata Statistics, part of the Better Book Project at UCLA, and the individual who has executed this Agreement on the last page hereof or who is otherwise participating as an instructor under the CourseKata program. The goal of the Better Book Project is not only to create high quality online interactive textbooks, but also to use student response data as a means of continuously improving the effectiveness of the textbook. We’re grateful for your interest in the course. Our collaborative improvement effort is made possible only through users like you. You have requested an instructor account from CourseKata in order to access a broader set of our platform and content, and in connection therewith, agree to abide by the terms of this Agreement.

Preamble

CourseKata is a recognized project under the National Center for Civic Innovation (“NCCI”), a 501(c)(3) nonprofit organization. CourseKata’s association with NCCI and UCLA, among other things, require that CourseKata operate consistent with properly organized non-profit, non-commercial, and/or academic research purposes (collectively, the “Charitable Purpose”). In addition, CourseKata’s rights in and to the data, platform, and content provided to you under this Agreement are subject to and qualified by, both now and in the future, certain superior ownership and license rights held by UCLA and/or other third parties (the “Senior Rights”).

Accordingly, you agree (a) to use the rights and access granted under this Agreement (including your access and use of any other platform, content, and database provided by CourseKata) consistent with the Charitable Purpose and that CourseKata may, in its sole discretion, alter or terminate your rights under this Agreement to ensure compliance with the Charitable Purpose, and (b) that your access and use rights under this Agreement are subject to and limited by the Senior Rights.

General Terms of Use

By entering into this Agreement, you are agreeing to participate in the CourseKata program pursuant to the terms thereof. This includes, without limitation, participating in the submission of the data and information described in this Agreement. Because we are actively studying the effectiveness of the material, the content across users must remain stable. For that reason, you may not alter the contents of the book. You may, however, add content to supplement the use of it in your class. You also agree not to download the book for offline use. Improvement relies on data obtained through our online platform.

Permitted Uses & Confidentiality

You understand and agree that you may only use the data, information, platform, and content provided hereunder for the following permitted uses and purposes (the “Permitted Uses”):

Academic and educational purposes; and
Nonprofit and/or non-commercial purposes (e.g., purposes not intended for or directed towards commercial advantage or monetary compensation).

Without limiting the foregoing, you agree that you will not, either alone or jointly with others:

Create, develop, or otherwise provide any product or service based upon or incorporating the CourseKata data, content, or platform for commercial or for-profit uses or purposes, including by charging any fee for use or access to the data, content, or platform accessed under this Agreement;
Use, reproduce, distribute, publicly perform, or publicly display all or any part of the CourseKata data, content, or platform (including, without limitation, JupyterHub) for commercial or for-profit purposes; or
Create, develop, or reduce to practice (whether through modifications or otherwise) any derivative of, or derivative works based upon, the CourseKata platform and content, or incorporate the CourseKata platform and content into any proprietary program owned by you or any third-party.

As between you and CourseKata, any right, title, and interest in and to any ideas, concepts, processes, discoveries, developments, formulae, information, materials, feedback, improvements, inventions, methods, notes, correspondence, memoranda, reports, drawings, designs, artwork, content, software programs, other copyrightable works, and any other work product created, conceived or developed by you (whether alone or jointly with others) through the use of, based upon, or incorporating the CourseKata data, platform, and content, including all copyrights, patents, trademarks, trade secrets, and other intellectual property rights therein (collectively, the “Work Product”), will be owned exclusively by CourseKata; provided, however, that the foregoing (a) only extends to tangible embodiments of the Work Product and (b) shall not encompass ideas, concepts, discoveries, or analysis contained within scholarly, academic, or research reports, presentations, or publications that you generate. To the extent you use or incorporate into Work Product any intellectual property owned or developed by you or a third-party (“Preexisting IP”), you grant CourseKata a non-exclusive, worldwide, royalty-free, sublicensable, irrevocable license to use, reproduce, distribute, create derivative works of, publicly perform and publicly display in any medium or format, whether now known or later developed, such Preexisting IP incorporated or used in Work Product. Further, you will acquire no property rights in or ownership of any data provided under this Agreement.

All data, information, or materials you have access to under this Agreement that is confidential, sensitive, or proprietary, including without limitation any data or information provided through the database and any information pertaining to individual students, shall be considered “Confidential Information.” You (a) will not use or permit the use of Confidential Information in any manner or for any purpose not expressly set forth in this Agreement, (b) will hold Confidential Information in confidence and protect it from unauthorized use and disclosure, and (c) will not disclose or reveal Confidential Information to any third parties, unless CourseKata has verified that the third party has been granted access under this Agreement. For the avoidance of doubt, any sharing of passwords or credentials as a means to circumvent the confidentiality restrictions of this Agreement is strictly prohibited. You also agree not to download the book for offline use. Improvement relies on data obtained through our online platform.

Data Sharing Policy

As your students work through CourseKata Statistics, they will answer a number of questions and complete many R coding exercises. During the course, your students’ data are available to you, as their instructor. You can see their responses and track their progress via the “My Progress” page.

After you complete the course, all student-generated data is de-identified and made available to researchers who are working to improve the quality of the book and, more generally, improve our theories of learning and teaching. The data are stripped of all information that could be used to identify individual students.

Although the data are de-identified before being shared with researchers, a secret key is maintained on a separate server that allows us to link additional data to the data generated through interactions with the book. For example, you might voluntarily provide the CourseKata team with students’ grades on the final exam, or for the course. Once these data are integrated with other student data, they also are stripped of students’ names and any other identifying information.

Only researchers who sign our data sharing agreement are allowed to access the data. If they find any information in the data that could be used to identify an individual student they agree to delete it immediately and contact the CourseKata team, who will delete such information permanently from the database.

When students start the course, they are informed about how their data will be used, if they allow it, and they are provided with a way to opt out of having their de-identified data included in researchers’ analyses. All data from students who opt out will be excluded from data files accessed by researchers.

Other than the use outlined above, we will never share students’ data with anyone, and will always protect the confidentiality of students’ data. If you have any questions about students’ data and how they are used, feel free to contact us at info@coursekata.com.

Reporting Back

Because CourseKata is based on continuous improvement, we expect instructors to provide us with feedback, observations, suggestions, and ideas for improvement as they review, administer, and study the data and platform. You agree to promptly notify us of any such matters, along with any errors or omissions you may perceive, to help us ensure our core mission and purposes are achieved.

Additional Legal Obligations

To the extent required by applicable law, including without limitation the Family Educational Rights and Privacy Act, including rules and regulations issued thereunder (“FERPA”), you agree to:

Fully comply with all reasonable procedures and requests from CourseKata that are necessary to comply with applicable law, including those relating to recordkeeping, notification, parent access, confidentiality, data retention, and correction procedures under FERPA;
Use reasonable precautions to secure usernames, passwords, and other means of gaining access to student data (or services incorporating student data);
Immediately notify CourseKata of any known, unauthorized access to student data, provide any information reasonably requested by CourseKata related thereto, and cooperate with any efforts by CourseKata to investigate or respond to any such unauthorized access;
Comply with all applicable federal, state, and local laws, rules, and regulations pertaining to student data and privacy;
Never attempt to re-identify de-identified data;
Promptly delete and/or transfer student data, if any, within your possession, custody, or control upon request by CourseKata; and
Use reasonable administrative, physical, and technical safeguards to protect student data from unauthorized access, disclosure, acquisition, destruction, use, or modification.

Miscellaneous

Choice of Law. This Agreement, including any claims or disputes relating to or arising from this Agreement, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

Term. This Agreement applies from the date it is signed by you and continues so long as you have access to or possession of the CourseKata data, platform, or content. Notwithstanding the foregoing, CourseKata reserves the right, in its sole discretion, to terminate your access to the data, platform, or content provided under this Agreement at any point, including if you breach any term or provision of this Agreement.

Third-Party Services. Certain third-party software, content, or programs may, now or in the future, be incorporated into or accessible through the CourseKata data, platform, and content (collectively, “Third-Party Services”). You agree to comply with all applicable provisions, including the terms and conditions and privacy policies, of the Third-Party Services and understand that your violation thereof may lead to immediate revocation or your rights under this Agreement.

Survival. Any rights or obligations in this Agreement that, by their nature, should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement.

No Conflicts. By entering into this Agreement, you represent and warrant to CourseKata that you are not subject to any policies, agreements, duties, or restrictions that are inconsistent, incompatible, or in conflict with your obligations under this Agreement. You further represent and warrant to CourseKata that entering into this Agreement and performing your obligations hereunder will not breach any contract or duty to which you are subject.

Successors and Assigns. You may not subcontract, transfer, or otherwise delegate or assign this Agreement or any of your obligations under this Agreement without CourseKata’s prior written consent. Any attempted assignment, transfer, or subcontracting in violation of the foregoing will be null and void. Subject to the foregoing, this Agreement is for the benefit of the parties’ successors and assigns. CourseKata may at any time assign or transfer this Agreement, or any or all of its rights or obligations under this Agreement, without your consent.

Severability. Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement will not be affected or impaired thereby.

Waiver. The waiver by CourseKata of any provision or breach of any provision of this Agreement will not operate or be construed as a waiver of any other or subsequent breach.

Warranty. TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE DATA, INFORMATION, CONTENT, AND PLATFORM OFFERED UNDER THIS AGREEMENT IS OFFERED ON AN AS-IS AND AS-AVAILABLE BASIS, AND COURSEKATA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT KNOWN OR DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES ARE NOT ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT GRANTS BY IMPLICATION, ESTOPPEL, OR OTHERWISE ANY RIGHTS IN THE INTELLECTUAL PROPERTY OF COURSEKATA AS SET FORTH HEREIN.

Limit of liability. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COURSEKATA BE LIABLE TO YOU ON ANY LEGAL THEORY (WHETHER IN TORT, CONTRACT, OR OTHERWISE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES, COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS AGREEMENT OR THE MATERIALS PROVIDED HEREUNDER, EVEN IF COURSEKATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR DAMAGES. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR IN PART, THIS LIMITATION MAY NOT APPLY TO YOU.

The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

User Acknowledgement

By executing this Agreement and choosing to use the CourseKata interactive textbook with your students, you are hereby agreeing to the terms herein. If you do not agree to these terms, you may not use the book.

By: _______________________

Name: ____________________

Title: _____________________

Date: _____________________

CourseKata Docs

Instructor Agreement