Consumer Use of Website Agreement

USER AGREEMENT

By using EugeneToriko.com and its related subdomains, services and other sites and tools linked to EugeneToriko.com [collectively, the "Website"], you agree to these terms of use ["Agreement"] regardless of whether you have read through all of the applicable terms.

You agree that this Agreement will apply whenever you use the Website or any service or business offered on the Website. If you do not agree with any of the terms of this Agreement, including any linked documents, do not use the Website.

Eugene Toriko LLC ["Eugene Toriko"] reserves the right to make changes to this Agreement at any time, and such changes will be effective immediately upon being posted on the Website. Each time you use the Website, you should review the current terms and conditions of the Agreement and all linked documents. Your continued use of the Website will indicate your acceptance of the current Agreement.

PROHIBITED USES

EugeneToriko.com is intended exclusively for your personal and non-commercial use. The content and data [including information relating to the pricing and availability of travel], as well as the Website infrastructure used to provide such content and information, is proprietary to Eugene Toriko. As a condition of using EugeneToriko.com, you agree not to use its contents or information for any commercial or non-personal purpose. This Website may only be used for lawful purposes. As a condition of your use of the Website, you warrant to Eugene Toriko that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement.

Unless otherwise agreed upon, in writing, by Eugene Toriko, you may not commit any of the following acts either directly or indirectly:

• Use any automatic device or manual process to copy or monitor content of the Website without prior written consent.

• Use or access EugeneToriko.com in any way that, in the opinion of Eugene Toriko, has a negative effect on the performance or function of the Website, or any other computer systems or networks used by Eugene Toriko.

• Attempt to upload or transmit to EugeneToriko.com or use any device, software or routine that contains malicious computer programming routines that are intended to damage, interfere or attempt to interfere with, intercept, the normal operation of EugeneToriko.com, or take any action that imposes an unreasonable load on our computer equipment.

• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.

• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.

• Access data not intended for you or logging onto a server or an account that you are not authorized to access.

• Send unsolicited and unauthorized e mail on behalf of Eugene Toriko, including promotions and/or advertising of products or services.

• Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Website.

• Post, transmit, or otherwise make available through or in connection with the Website including: [a] anything that is or may be: threatening, harassing, degrading, hateful, intimidating, defamatory, fraudulent, obscene, indecent, pornographic or otherwise objectionable, or protected by copyright, trade mark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right; [b] any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offence; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking"; or [c] any material, non public information about a company without the proper authorization to do so.

USER ID AND PASSWORD

Access to and use of password protected and/or secure areas of the Website is restricted to registered, authorized industry users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution. To become registered, you are required to answer a limited number of mandatory questions. By submitting information, you guarantee that all information you supply to us is true and accurate.

TERMINATION

Eugene Toriko, at our sole discretion, may terminate or restrict your access to all or any component of EugeneToriko.com at any time, regardless of whether or not access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of EugeneToriko.com. If you continue to access the Website after such termination, your use shall constitute an act of trespass.

CHANGES

Any cosmetic or functional part of EugeneToriko.com may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you.

PRIVACY AND SECURITY

Our Privacy Policy covers use of information collected on EugeneToriko.com. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

All material contained on the EugeneToriko.com Website, unless otherwise indicated, is protected by law including, but not limited to, copyright and trademark law, as well as other state, national, and international laws and regulations. User acknowledges that all right, title and interest in and to the EugeneToriko.com Website and any and all intellectual property rights associated therewith are exclusively owned by Eugene Toriko. User will not contest the validity of any trademark or Eugene Toriko’s exclusive ownership of it.

USER GENERATED CONTENT

Your photos, text, graphics, audio, video, location information and comments uploaded or posted in social media platforms are defined as "User Content". By uploading User Content and posting User Content that you have tagged with Eugene Toriko hashtags to social media platforms, you grant to Eugene Toriko, its affiliates and its third-party service providers who provide content management services [collectively, the "Licensed Parties"] the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your uploaded or Eugene Toriko-tagged User Content in any manner to be determined in the Licensed Parties' sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.

You hereby represent and warrant that [i] you own all rights in and to your User Content, [ii] if the User Content is subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person[s] appearing in your User Content; [iii] you are not a minor, [iv] you are legally entitled to post the User Content, and the Licensed Parties' use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law, and [v] the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties' use of your User Content.

The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties' respective privacy policies. By using the services, you are consenting to Eugene Toriko’s collection of any personal information you provide, on behalf of the Licensed Parties for the Licensed Parties' use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use the services or otherwise provide Eugene Toriko with personal information. Your personal information may be transferred to servers located outside the country in which you live or to affiliates or other trusted third parties based in other countries so that they may process personal information on Eugene Toriko’s and its customers' behalf. By using the services or otherwise providing Eugene Toriko with personal information, you agree to such collection, use, disclosure, transfer and processing of your information in accordance with the terms of this Agreement, Eugene Toriko’s Privacy Policy and applicable data protection laws and regulations.

You are solely responsible for any User Content that you submit. You are legally liable for the User Content that you submit including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws without permission of the author or owner or subject featured in such submission, or defamatory comments.

The Licensed Parties reserve the right to remove any User Content from their websites, its social media platforms and from any other publication at any time, for any reason.

LIABILITY DISCLAIMER

In no event shall Eugene Toriko be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the EugeneToriko.com Website or with the delay or inability to use the EugeneToriko.com Website, or for any information or services offered or available [or not available] through the EugeneToriko.com Website, or otherwise arising out of the utilization of the Vacationexpress.com Website, whether based in contract, tort, strict liability, or otherwise, even if Eugene Toriko has been advised of the possibility of damages.

In the event that the foregoing limitations are not enforceable, Eugene Toriko's liability incurred in connection with this Agreement shall not exceed the amount of payments received by Eugene Toriko from User.