• English
    • EnglishEnglish
    • JapaneseJapanese
    • ChineseChinese
    • GermanGerman
    • FrenchFrench
    • ArabicArabic
    • DutchDutch
Contact Us

Terms and Conditions

1. Background and User Acceptance

These "terms and conditions" (hereafter, the "Terms and Conditions") are intended to govern your use of the NEXGENGUEST WEBSITE, which is owned and operated by LUCKYWORK, INC. ("NEXGENGUEST" or "us" or "we"), and located at the URL: http://www.nexgenguest.com (collectively, including all Content (as defined below) available through the nexgenguest.com domain name and/or other related domain names which may point or direct a User to this website, collectively, the "NEXGENGUEST WEBSITE") and your use of the NEXGENGUEST APPLICATION (as defined below).

The NEXGENGUEST APPLICATION is an application for mobile devices, which is intended to enable consumers (hereinafter, "Users") to connect with local guides, advertisers, sponsors, promotional partners, retailers and businesses (individually, a "Business," and collectively, "Businesses"), from whom they would might receive deals and/or services, news, and other initiatives (the "Offers") in the geographic location of their choosing (the "NEXGENGUEST APPLICATION").

It is very important for you, the User, to recognize, as is explained in greater detail below, that the NEXGENGUEST APPLICATION is simply a service and NEXGENGUEST is simply a service provider and providing a mechanism via the NEXGENGUEST WEBSITE, whereby Users receive local guides. The NEXGENGUEST APPLICATION, the NEXGENGUEST WEBSITE, AND NEXGENGUEST, should not be considered, nor are they, principals to any transactions ultimately entered into between Businesses and Users.

By using the NEXGENGUEST APPLICATION on your mobile device and/or using the NEXGENGUEST WEBSITE, you agree to both these terms and conditions and the terms and conditions of NEXGENGUEST's Privacy Policy, which is published at the NEXGENGUEST WEBSITE and which is incorporated herein by reference. If you do not agree to any of these terms, then please do not use the NEXGENGUEST APPLICATION or WEBSITE.

Further, the NEXGENGUEST APPLICATION and the NEXGENGUEST WEBSITE are offered and made available only to Users 18 years of age or older and if you are not yet 18 years old, your use of the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE is prohibited or restricted by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms and Conditions, please discontinue using the NEXGENGUEST APPLICATION and the NEXGENGUEST WEBSITE immediately because by using or attempting to use the NEXGENGUEST APPLICATION and the NEXGENGUEST WEBSITE, you are expressly certifying that you are at least 18 years of age and meet all other eligibility requirements for your use of the NEXGENGUEST APPLICATION and the NEXGENGUEST WEBSITE.

In the event that NEXGENGUEST or any of its partners, licensees, parents, subsidiaries, affiliates, assigns, related companies and successors and all of their respective offices, directors, employees, representatives, licensors, suppliers, service providers, successors and permitted assigns, attorneys and agents, affiliates, nor any of their respective managers, directors, officers, employees, agents, third party content providers or licensors (including any person or entity involved in creating, producing or distributing the Content) (collectively, the "Affiliates") unknowingly send an e-mail or other message to a minor who has improperly registered with the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE, the minor's parent or legal guardian always have the right to unsubscribe (opt-out) from receiving future e-mails or text messages using the opt-out (e.g. unsubscribe) mechanism contained in the e-mail or message, or to request termination of the minor's registration and status as a registered User with the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE.

By using the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE, you understand, acknowledge and agree that you will abide by the terms and conditions of these Terms and Conditions between NEXGENGUEST and you.

2. Registration

There are portions of the NEXGENGUEST APPLICATION and the NEXGENGUEST WEBSITE that we make available to Users in the general public without registering and you may visit and browse those portions without charge or obligation; provided, however, we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.

In order to receive the Offers via the NEXGENGUEST APPLICATION and/or WEBSITE, Users must provide an e-mail address. In addition, if you want to access and use certain services, features or functions of the NEXGENGUEST WEBSITE you may be required to create an account. As part of this process, you may need to provide your full name, e-mail address, choose a password which must form a unique combination (a "User ID") and indicate that you agree to the Terms and Conditions and the Privacy Policy.

Once you have created an account, please recognize and understand several important features which will apply to your account:

  • your User ID is personal to you and you may not allow any other person to use your User ID under any circumstances;
  • as an accountholder you will automatically receive e-mails from the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE highlighting the Offer featured thereon;
  • you may receive other e-mails, including but not limited to, e-mails from participating Businesses; and
  • you may receive notifications via SMS text messaging or push notifications, however, standard SMS text messaging or push notification charges and/or other data transmission charges may be imposed by your local carriers and shall be charged to you in connection with the transmittal of such communications.

NEXGENGUEST shall not bear any responsibility for such charges and also shall not be liable for any harm caused or related to theft or misappropriation or disclosure of all or any portion of your User ID. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your User ID or any other need to deactivate your User ID due to security concerns.

3. Disclaimer Regarding Content and Advice

The NEXGENGUEST APPLICATION is an application for mobile devices provided through the NEXGENGUEST WEBSITE which enables Users to connect with Businesses, so that they may take advantage of Offers for products and services provided by such Businesses and from time to time, we may provide up-to-date information, opinions, advice, reviews and/or statements about such products and services through text, videos, blogs, and/or webisodes in our Communities (collectively, the "Content"). You expressly agree that use of the Content, the NEXGENGUEST APPLICATION, and the NEXGENGUEST WEBSITE is at your sole risk.

NEXGENGUEST and the Affiliates do not endorse, warrant or guarantee any products or services offered through the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE and will not be a party to or in any way monitor any transaction between Users and third party providers of products or services, including as it may relate to any Business.

The NEXGENGUEST APPLICATION and the NEXGENGUEST WEBSITE are provided on an "as is," "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose.

4. Modifications

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of these Terms and Conditions. We will post or display notices of material changes on the NEXGENGUEST WEBSITE and we may also e-mail you about these changes. Once we post updated terms and conditions on the NEXGENGUEST WEBSITE, these changes/updates shall become effective immediately.

NEXGENGUEST also reserves the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the NEXGENGUEST APPLICATION or the NEXGENGUEST WEBSITE at any time, without any liability or obligation to you, with or without notice.

5. Privacy

NEXGENGUEST respects your privacy and the use and protection of your non-public and personally identifiable information ("Personal Information"). Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the NEXGENGUEST APPLICATION and the NEXGENGUEST WEBSITE.

If you have any questions regarding NEXGENGUEST's Privacy Policy, you may contact us at:

6. Hyperlinks to the Websites of Third Parties

The NEXGENGUEST APPLICATION and the NEXGENGUEST WEBSITE may contain links to third party websites, including websites owned and operated by any Business, that are not owned or controlled by NEXGENGUEST. NEXGENGUEST has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. By using the APPLICATION and/or WEBSITE, you expressly relieve NEXGENGUEST from any and all liability arising from your use of any third-party website.

7. NexGenGuest Website Access

NEXGENGUEST hereby grants you permission to use the NEXGENGUEST APPLICATION and the NEXGENGUEST WEBSITE as set forth in these Terms and Conditions, provided that:

  • your use of the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE as permitted is solely for your personal, noncommercial use (unless NEXGENGUEST grants you written permission to do so);
  • you will not copy or distribute any part of the NEXGENGUEST APPLICATION or the NEXGENGUEST WEBSITE in any medium without NEXGENGUEST's prior written authorization;
  • you will not alter or modify any part of the NEXGENGUEST APPLICATION or the NEXGENGUEST WEBSITE other than as may be reasonably necessary to use the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE for its intended purpose; and
  • you will otherwise comply with these Terms and Conditions.

You may never use another's account without permission or allow any other person to use your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

8. Advertising

From time to time, you may communicate and interact with or obtain goods and services from third parties such as our Businesses in connection with your use of the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE. All such communication and interaction is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions.

9. Promotions

From time to time, NEXGENGUEST's, the Affiliates', the NEXGENGUEST APPLICATION's, or the NEXGENGUEST WEBSITE's service providers, suppliers, and Businesses may conduct promotions on or through the NEXGENGUEST APPLICATION or WEBSITE, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have additional Rules which will be posted or otherwise made available to you.

10. Intellectual Property Rights

The Content within the NEXGENGUEST APPLICATION and on the NEXGENGUEST WEBSITE and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to NEXGENGUEST, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

Content within the NEXGENGUEST APPLICATION and on the NEXGENGUEST WEBSITE is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

You agree not to:

  • engage in the use, copying, or distribution of any of the Content other than expressly permitted herein;
  • circumvent, disable or otherwise interfere with security related features of the NEXGENGUEST APPLICATION or the NEXGENGUEST WEBSITE; or
  • remove or alter any copyright and other proprietary notices contained in downloaded content.

11. Web Communities, Forums and Postings

In the future, the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE may have a community discussions section, contain forum services, web communities, and other message and communication facilities ("Communities") that may provide you and other Users an opportunity to submit, upload, post, display, transmit and/or exchange information, opinions, advice, reviews, messages, with other Users and/or with us (a "Post" or "Posting").

NEXGENGUEST reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that NEXGENGUEST deems inappropriate for inclusion in the Communities, for any reason or for no reason.

If a Posting originates from you or your User ID, you hereby agree that:

  • you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use;
  • you specifically authorize NEXGENGUEST and Affiliates to use such Posting in whole or in part, throughout the universe;
  • you represent and warrant that the Posting is original to you or fully cleared for use as contemplated herein; and
  • the Posting does not contain libelous, tortuous, or otherwise unlawful information, or infringe or violate any copyright or other right.

NEXGENGUEST does not permit copyright infringing activities or infringement of intellectual property rights within the NEXGENGUEST APPLICATION or on the NEXGENGUEST WEBSITE. To submit a DMCA copyright infringement notice, contact our Designated Agent:

  • Service Provider: LUCKYWORK, INC.
  • Agent: President
  • Address: 835 Wilshire Blvd Suite 500, Los Angeles, CA 90017
  • Email: legal@nexgenguest.com

12. Rules of Conduct

Your use of the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE is subject to all applicable local, state, national laws and regulations. You shall not use, allow, or enable others to use the NEXGENGUEST APPLICATION or the NEXGENGUEST WEBSITE in any manner that:

  • is libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, or discriminatory;
  • affects us adversely or reflects negatively on us, the NEXGENGUEST APPLICATION or the NEXGENGUEST WEBSITE, our goodwill, name or reputation;
  • sends or results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
  • is used for commercial or business purposes, without the prior written consent of NEXGENGUEST;
  • transmits, distributes or uploads programs or material that contain malicious code, such as viruses, time bombs, worms, Trojan horses, or spyware;
  • violates any laws, regulations, judicial or governmental order, any treaties or violates or infringes upon any intellectual property rights, rights of publicity or privacy; or
  • gains unauthorized access to the NEXGENGUEST APPLICATION or the NEXGENGUEST WEBSITE, other Users' accounts, or other computers, websites or pages.

13. Termination of Your Account

You may terminate your account and User ID, if any, at any time and for any reason, by clicking on the "Terminate my Account" button located in your account settings profile page. However, in the event that you elect to terminate your account and User ID, you will lose the ability to access and/or utilize any information contained within your account.

We may terminate your use of and account on the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

14. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE NEXGENGUEST APPLICATION AND/OR THE NEXGENGUEST WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NEXGENGUEST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE NEXGENGUEST APPLICATION AND THE NEXGENGUEST WEBSITE AND YOUR USE THEREOF.

NEXGENGUEST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE NEXGENGUEST APPLICATION OR WEBSITE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, UNAUTHORIZED ACCESS TO SECURE SERVERS, ANY INTERRUPTION OR CESSATION OF TRANSMISSION, OR ANY BUGS, VIRUSES, OR TROJAN HORSES TRANSMITTED THROUGH THE NEXGENGUEST APPLICATION OR WEBSITE.

15. Limitation of Liability

IN NO EVENT SHALL NEXGENGUEST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER PERSONS CONSTITUTING A RELEASED PARTY, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, UNAUTHORIZED ACCESS TO SECURE SERVERS, ANY INTERRUPTION OR CESSATION OF TRANSMISSION, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY ERRORS OR OMISSIONS IN ANY CONTENT.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

16. Indemnity

You agree to defend, indemnify and hold harmless NEXGENGUEST and its Affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • your use of and access to the NEXGENGUEST APPLICATION and/or WEBSITE;
  • your violation of any term of these Terms and Conditions;
  • your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • any claims that User generated content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and Conditions and your use of the NEXGENGUEST APPLICATION and the NEXGENGUEST WEBSITE.

17. Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NEXGENGUEST without restriction.

18. General

You agree that: (i) the NEXGENGUEST WEBSITE shall be deemed solely based in California; and (ii) the NEXGENGUEST WEBSITE shall be deemed a passive website that does not give rise to personal jurisdiction over NEXGENGUEST, either specific or general, in jurisdictions other than California.

These Terms and Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and NEXGENGUEST that arises in whole or in part from the NEXGENGUEST APPLICATION or the NEXGENGUEST WEBSITE shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California.

These Terms and Conditions, together with the Privacy Policy at http://www.nexgenguest.com and any other legal notices published by NEXGENGUEST on the NEXGENGUEST WEBSITE, shall constitute the entire agreement between you and NEXGENGUEST concerning the NEXGENGUEST APPLICATION and the NEXGENGUEST WEBSITE.

If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and NEXGENGUEST's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

NEXGENGUEST reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.