12. Limitation of Use of VScape by Third Parties
The free VScape Service provided to Your Hotel and Your Hotel Chain pursuant to these Terms of Service is intended for the exclusive use of Your Hotel Chain and Your Hotel. In particular, only employees of Your hotel and/or Your Hotel Chain may access VScape on behalf of Your Hotel or Hotel Chain. Your Hotel and Your Hotel Chain may not hire or provide access to its VScape account to a third party that is not an employee of Your Hotel or Your Hotel Chain to access VScape and upload or manage any Hotel Content on behalf of Your Hotel or Your Hotel Chain. Access to Your Hotel’s or Your Hotel Chain’s VScape account by a non-employee will result in a termination of the VScape Service and removal of all Your Hotel’s Content from distribution on the Vnetwork. (Emphasis added).
(h) "Your Hotel Chain" means, if you represent a hotel chain (including a hotel brand and a hotel representation or marketing company) and are using the VScape Service on behalf of that hotel chain to upload, review, manage, edit and/or distribute Hotel Content relating to hotel properties belonging to such hotel chain, such hotel chain. (Emphasis added).
VFM Leonardo Inc. ("VFML") has recently modified terms applicable to the use of its Vscape Lite service, which provides hotels with basic access to the Vscape system in order to distribute photos to major travel intermediaries free of charge. Whereas previously, hotels and hotel chains were permitted to outsource the management of their content, including content distributed through VScape Lite, to competitors of VFML... the recently-modified terms and conditions preclude such third-party content management... (Emphasis added).
A. Claimant is entitled to recover US$94,000.00 from Respondent as damages for tortious interference with Claimant’s business relationship with Genares and Vantage.
B. Claimant is entitled to recover US$6,000.00 from Respondent representing costs of enforcing its Light service rights.
C. Claimant is not entitled to recover damages from Respondent under the Federal and Florida Antitrust Acts.
D. Claimant is not entitled to recover damages from Respondent for violation of the FDUPTA statute.
E. Claimant is not entitled to injunctive relief against Respondent to prevent further violations.
F. Respondent’s Counterclaim is denied and Respondent is not entitled to recover damages against Claimant.
G. Claimant is entitled to recover costs as the prevailing party.
H. Except for the issue of the costs of the arbitration (including, but not limited to, the legal fees for the representation) for which I hereby reserve jurisdiction, this Partial Final Award is in full and complete settlement and satisfaction of any and all issues submitted by the parties, and any claim not specifically addressed herein is nonetheless deemed denied.
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