Mr Olivier Coste
Intellectual property rights
The entirety of the services provided by videodesk is protected by French and international legislation relative to intellectual property. All copyrights are reserved, including downloadable documents. All texts, graphics, icons, photographs, maps, logos, videos, sounds, brands (…) and all elements in general that compose the Website of videodesk cannot, according to article l122-4 of the Intellectual Property Code, be in any way reproduced, wholly or partially, in any medium without the express, preliminary consent of videodesk. Violating this prohibition constitutes an act of forgery which may result in the civil and/or criminal prosecution of the perpetrator.
Each time a visitor, a user or a company use or cause access to a website powered by videodesk, the visitor, the user or the company agrees to be bound by the TOU.
Any changes to the TOU will be effective immediately upon posting on the videodesk website and the visitor, the user or the company agrees to the TOU by continuing the use of the Services.
Description of services and definitions
videodesk provides access to peers by voice, video and instant messaging over the internet. Products and services directly and indirectly linked to the service providing process are subject to the TOU.
User: any agent working for the customer who uses one or several services proposed by videodesk.
Customer: any person or firm who commits in contractual terms to the use of product or services.
Visitor: any person who visit the website of one of videodesk customer
User Content: all information delivered by the User in one of the parts of the videodesk website.
Login: all information necessary to identify a User on the website to get access to the areas reserved to members.
Password: confidential information, secretly kept by the User, and allowing him to prove his identity in conjunction with his login.
All software used by users in accordance with its application and purpose defined in these terms and conditions, available on the following website http://www.videodesk.com/ and provided by videodesk shall be deemed as service or product.
videodesk is exclusively entitled to decide on functionality, use, subject matter and the range of particular services and products as well as to cease rendering these services.
videodesk is exclusively authorized to decide on the contents and the nature of the software as well as to freely add, change or remove particular elements.
Access and the use of services
videodesk Inc services and products must be used only in accordance with their purpose, application and their general characteristics.
videodesk Inc services and products can be accessed solely by logging on particular website.
Every user is assigned a particular password and login which must not be used by third parties. The user is responsible for keeping and proper security of his password and login.
The user must be at least 16 years of age to be able to register and to access his or her videodesk account.
The user and the visitor undertake to use the services and products in accordance with their use and purpose.
The user and the visitor bear full responsibility for all contents, phrases and entries added to the network in connection with the use of offered services and products.
The user understands, has become familiar with technical requirements necessary to use the services and products and has no objections in respect thereof. The user is aware of risk and threats connected with electronic data transmission.
videodesk Inc reserves the right to access individual users accounts for the technical and administrative purposes and for security reasons. The obtained information in such a manner shall not be processed or made available to third parties unless required by provisions of law.
By subscribing to standard videodesk plans (FREE Plan, PRO Plan or CORPORATE Plan), the User and the Customer explicitly accepts that information they provide to videodesk can be published on other websites, and namely on the website www.videodesk.com or its regional / linguistic subgroups, and this in order to grant the User or the Customer additional traffic source and commercial leads.
As a condition of using the Services, the customer:
- is responsible for their employees and users that use the Services provided by videodesk;
- complies with any limitations or restrictions set forth in these TOU and the Agreement, and
- uses the Services only in compliance with applicable law.
As a condition of using the Services, the user and the customer shall not use the Services for any purpose that is unlawful or prohibited by the Agreement or this TOU or that could create liability for videodesk. The visitor, the user and the customer must not use the Services in any manner that could damage, disable, overburden, or impair any videodesk server, or the network(s) connected to any videodesk server, or interfere with any other party’s use and enjoyment of any Services. The visitor, the user and the customer shall not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any videodesk server or to any of the Services, through hacking, password mining or any other means. The visitor, the user and the customer shall not operate robots or spiders to scan videodesk’s databases or web pages. The user and the customer shall not use “deep linking” to videodesk’s web pages.
The use of any new services and products available on aforementioned website, after the user has accepted the terms and conditions shall be subject to its provisions.
By agreeing to these terms and conditions, you also accept to receive electronic communication from videodesk in the form of emails and e-newsletters. These may contain news, software upgrades and information regarding the videodesk solution and its partners. Every email in newsletter format, unless it is a direct email sent to you from a company employee, shall contain an unsubscribe link to opt out of the emails and you may do so at any time. However, as long as you have an account with videodesk, your email will be registered with us and, even if you unsubscribed from our newsletters, if the company deems fit to communicate any vital information with you, it may do so for the better functioning of the solution. In order to never receive any emails whatsoever from videodesk, you will need to delete your account and stop using the videodesk live chat solution.
Misuse of communications
The visitor, the user and the customer agree to use the Services only to post, send and receive messages and material that are proper and permitted by applicable law. By way of example, and not as a limitation, you agree that when using the Services, the user and the customer will not:
- Violate any law, statute, ordinance or regulation.
- Violate any patent, trademark, trade secret, copyright, right to privacy, publicity, or other proprietary right of any party.
- Reverse engineer, decompile, disassemble or translate or otherwise attempt to derive the source code of any part of videodesk systems.
- Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) or to commit fraud.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Send or otherwise make available any inappropriate, profane, defamatory, obscene, abusive, racist, indecent or unlawful topic, name, material or information.
- Send or otherwise make available any information or material that may constitute or encourage conduct that is a criminal offense or civil wrong, e.g. insider trading information about a company or proprietary or confidential information of a third party
- Impersonate any person or entity or make any false statements regarding any agency or affiliation with any entity or create a false identity.
- Send, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you or your company own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Send files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material that is sent.
- Provide material support or resources (or conceal or disguise the nature, location, source or ownership of material support or resources) to any organization designated as a foreign terrorist organization by the U.S. government.
- Without limiting other remedies, videodesk may limit, suspend or terminate the Services and the customer’s accounts, delay or remove the customer’s content, or use other technical and legal measures to stop the customer from causing harm, if videodesk believes that the customer’s activities are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of these TOU or videodesk policies.
Trademarks and copyright
“videodesk” is a trademark licensed to videodesk Inc, registered in United States Patent and Trademark Office and is therefore subject to national as well as international protection.
The videodesk service provider states that it has rights to intangible assets in the form of a graphic project of offered services and software, website layout, computer software as well as to all company signs, symbols and trademarks used within its scope of business activity. These assets are protected respectively by: an act dated 4th February 1994- Copyright and Neighboring Rights; an act dated 16th April 1993- Combating of Unfair Competition; an act dated 30th June 2000-Industrial Property Rights; European Union Law and other binding international agreements.
All services and products offered by videodesk Inc, which constitute specific works, are its exclusive property and are covered by an act on copyright and neighboring rights
Website addresses as well as their contents and layouts are protected by the aforesaid acts.
Prior written consent of videodesk Inc is required for any not permitted personal and non-personal use of offered services and products. Such consent is required in particular when disseminating and publicizing particular elements (e.g. photos, films, texts) in other Internet services, printed publications, books, multimedia presentations and in other electronic media as well as for the disposal or use of its work (adaptations, alterations, modifications)
Unauthorized lending, sale, granting of further licenses and sublicenses to the offered products and services by the customer without express consent of videodesk Inc is prohibited. Such acts are not deemed to be the proper use of services.
The user or the customer must not modify or change the purpose and use of offered services and products. Misleading others as to the existence of cooperation, association, relationship or acting on behalf of videodesk Inc is prohibited.
Guarantee and limited liability
videodesk Inc guarantees the highest quality of its operations to ensure accessibility and continuity of offered services and products in accordance with their use and purpose. No long distance data transmission, however, guarantees 100% security, continuity and accessibility of the provided services.
videodesk Inc does not guarantee compatibility of offered services and products with other producers software. The customer shall bear responsibility for the choice and consequences following from the use of other software including its applicability to visitor’s objectives.
videodesk Inc stipulates that opinions given by visitors, users or customers do not reflect in any possible manner its views and opinions. videodesk Inc does not monitor or control visitors and users opinions.
videodesk Inc shall bear no liability in particular for:
- all negative consequences being the result of force majeure
- phrases and entries added to the network in connection with the use of offered services and products
- unlawful and inconsistent with these terms and conditions users operations while using offered services and products
- disturbances in accessibility of offered products and services not caused by videodesk Inc
- damage suffered by the user arisen due to the suspension or closing the account by the user or for other reasons arising from the user’s fault
- damage suffered by the user as a result of a third party using his data that enable him to access the provided services and products,
- damage following from the use or the impossibility to use offered products and services including damage actually suffered, the loss of expected benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shut-down, company reputation infringement,
- consequences of failure to perform or improper performance of obligations undertaken by other users even though such an obligation has been undertaken using offered products and services.
videodesk Inc takes particular care of the privacy of its Visitors, Users and Customers.
In that respect, videodesk Inc commits that the collection and processing of personal data, carried out within the videodesk website, are handled according to the strict rules of French law n°78-17 of 6 January 1978, modified, relative to computing, files and freedom. The videodesk website has been declared to the French competent authority (CNIL), and registered at numbers 1601998 and 1603444.
Pursuant to Article 34 of the above mentioned law, videodesk grants the Visitor, the User or the Customer a right to oppose, access, and modify all his personal data. The Visitor, the User or the Customer may exercise this right:
- on the website, at www.videodesk.com
- by sending an email to the following address: firstname.lastname@example.org
Personal Information Defined. videodesk considers “Personal Information” to include information that alone or when in combination with other information may be used to readily identify or contact anyone, such as: name, address, email address, or phone number. videodesk does not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.
videodesk maintains transcripts of chats, emails and other written communications conducted between the visitor and the user through videodesk’s services (collectively, “Transcripts”). videodesk also maintains copies of surveys (“Surveys”) and may, in accordance with applicable law (including laws related to notice and/or consent), record and maintain recordings of voice communications and video (“Recordings”). videodesk provides a presence application that requires users presence timestamps recording (“Presence”).
- Browser Information and Usage Information. videodesk logs web browser information (e.g., Internet Protocol addresses and browser types) and other usage information from the Customer’s website such as page view tallies, time spent on each page, geographic location information, page browsing information and operating system information.
Visitor’s browser may be set to limit or prevent any of the browser information described above from being transmitted. If so, certain communication tools and other features and functions offered by Customer on their website may not be available to visitor.
- Information requested by Customer. Depending on the products or services purchased by the customer, videodesk may, on behalf of the videodesk Customer, provide feedback and run reports related to the browsing, purchasing and online behavior and activities of Visitors. The Customer may provide data (including data related to the visitors) to videodesk in order for videodesk to combine such data with videodesk’s data for purposes of analyzing such combined data and providing feedback and running reports related to such combined data on behalf of such videodesk Customer. videodesk maintains records of all such analyses, feedback and reports.
- Also, depending on the products or services purchased by Customer, videodesk may, on behalf of the Customer, obtain from a third party data source commercially available information related to a visitor. videodesk maintains copies of such information. As mentioned below, videodesk is not responsible for the privacy practices of any videodesk’s Customer or any third party.
Information use and disclose
- Transcripts, Surveys, Recordings and Presence. videodesk may access and use Transcripts, Surveys, Recordings and Presence for purposes of performing or delivering a service to a Customer, providing maintenance or support services for a Customer, for training and quality assurance purposes and/or for purposes of improving videodesk services. Third-party service providers retained by videodesk to perform agent or operator services or other services on behalf of a videodesk Customer and/or on behalf of videodesk may also have access to Transcripts, Surveys , Recordings and Presence for purposes of performing or delivering a service to the videodesk Customer, providing maintenance or support services for a videodesk Customer and/or for training and quality assurance purposes.
- videodesk Customers have access to the Transcripts, Recordings and Presence between visitors and their users. videodesk Customers also have access to the Surveys that they conducted with visitors. videodesk Customers may download, copy and use such Transcripts, Recordings, Surveys and Presence. videodesk has no control over the privacy practices of videodesk Customers. Visitors are encouraged to review the privacy practices of videodesk Customers.
- Browser Information and Cookies. videodesk use browser information, cookies and pixel tags to determine whether a chat, voice, video or email button or other communication service should be deployed on your browser (in order to allow the Customer to offer assistance or engage with visitor). videodesk may also use browser information, cookies and pixel tags on videodesk own behalf and/or on behalf the Customer to recognize whether visitors are return visitors, to help videodesk improve product and service offerings, for quality assurance and training purposes, for purposes of performing data analysis and running reports, to help diagnose problems with servers, to gather broad demographic information, to administer and optimize services, to deliver marketing or other materials to the visitor on behalf of videodesk Customers and for other lawful purposes.
- Aggregate Information. videodesk may aggregate information so that it is not Personal Information, and may use and share such aggregated information for training and quality assurance purposes, for purposes of delivering services to Customers, for purposes of improving services and for other lawful purposes.
- Third Parties. videodesk might sell, trade or rent Personal Information provided by visitor in any Transcript, Survey or Recording for direct marketing or any other purpose.
videodesk uses third party data facilities, web and data analytics providers, and other third party service providers to perform services related to services that are routinely handled by such providers. Such providers may store and, if applicable, process Personal Information and other information in keeping with the service that they provide.
- If anyone is visiting from the United States or other regions with laws governing data collection and use that may differ from French law, including those whose privacy laws may be more restrictive than French law, please note that they are transferring their personal data to France to videodesk. By providing their personal data, they consent to that transfer.
- Security. Data transmissions over the Internet cannot be guaranteed to be fully and absolutely secure. videodesk website and services have security measures in place designed to protect against the loss, misuse and alteration of the information under videodesk control. videodesk security measures include the following:
- Encryption and Firewalls. Chat transcripts are encrypted (defined in the definitions section below) during transmission. We use standard Secure Socket Layer (SSL) encryption that encodes information for such transmissions. All Transcripts and Survey responses are maintained and archived on secure servers. Access to stored data is protected by multi-layered security controls including firewalls, role-based access controls and passwords. No Customer is permitted to view another Customer’s Transcripts or Survey responses (or the Personal Information contained therein). Data is backed up daily and archives are stored off-site in a secure location.
- videodesk Customer Websites and other Third-Party Websites. videodesk’s services are used by videodesk’s Customers on Customers websites. videodesk is not responsible for and does not control the privacy practices of any videodesk Customer or any third party. Accordingly, anyone is encouraged to review the privacy practices of each videodesk Customer and other third party.
- Business Transfers. In the event that all or substantially all of videodesk’s assets have been acquired, or in the event of any merger, bankruptcy or reorganization involving videodesk, all Transcripts, Recordings and Surveys, as well as all other information about Visitor, user or customer and the use of videodesk services will likely be included in the acquired or merged assets.
- Choice Regarding Personal Information. If a visitor chooses to engage in any communication session or other engagement session using videodesk services, it is up to the visitor to decide what, if any, information to provide during such session. Depending on visitor request or the means of communication or engagement it may not be possible for videodesk or videodesk Customer to communicate with the visitor or engage with the visitor or address all of questions without providing some information. Nevertheless, if visitor does not wish to furnish certain information, then they should not do so.
Encryption is the process of transforming information into unreadable text so that it is only legible to those possessing an encryption key. The process of making encrypted information readable again is referred to as decryption.
Pixel tags are small graphic images that are embedded in a web page or email for purposes of tracking activity on web pages or whether a user has opened or accessed an email. A pixel tag may be set to identify on what browser and computer it was viewed, whether that browser has cookies received from a server associated with the pixel tag, and whether the web page or email with the pixel tag was forwarded or copied.
Web browser is a software program that allows a user to access, retrieve and view information on the World Wide Web. Examples of browsers include Internet Explorer, FireFox, Google Chrome and Safari.
Termination by the customer
The customer may terminate the service at any time, in compliance with the videodesk cancellation procedure. The customer is required to contact videodesk via email by writing to email@example.com and stating the words “CONTRACT TERMINATION REQUEST” in the email subject line.
The cancellation shall be effective within 72 hours. For all paid accounts, any month started shall be due in its entirety.
Billing and cash recovering policy
The use of offered services available on http://www.videodesk.com/ is free of charge from the day service is ready to the end of the current month.
After that period if the user wishes to continue using our services he will be requested to make a payment according to currently effective price list.
All payments shall be non-cash transactions, conducted electronically by external professional entities.
Default in payment according to currently effective price list means resignation from the provided services.
The user shall be given a 14 days period notice for all changes in the price list.
Final provisions & Legal terms
All disputes arising in connection with these terms and conditions shall be primarily resolved amicably.
All disputes that cannot be amicably resolved shall be submitted for resolution by French Court of Law at the location of videodesk registered office eg
videodesk, 20, rue du Sentier – 75002 Paris, France
The www.videodesk.com website is published by:
149 5th Avenue, 9th Floor
New York City
Office: +1 (415) 378-3966
The publishing director is Mr Olivier Coste.