Terms & Conditions

This page (together with the documents referred to on it) tells you the terms of use (the “Terms of Use”) on which you may make use of this website and any and all other online or digital platforms (including without limitation mobile and other applications) maintained by The 86 Co. (collectively referred to as the “Site”). Our Privacy Policy is incorporated herein by reference. Please read these Terms of Use carefully before you start to use our Site as any use of the Site is conditioned on your acceptance of these Terms of Use.

This Site is maintained by The 86 Co. and any references to “we”, “us”, “our” or “86 Co.” within these Terms of Use refers the The 86 Co., including its subsidiaries, affiliates, and associates.

This Site is intended for the personal use of those who are of legal age to lawfully purchase and consume alcoholic beverages in their country of residence and is intended to be viewed only where the sale, advertising and consumption of alcoholic beverages is lawful. By using our Site, you indicate that you accept these Terms of Use and that you agree to abide by them.

Please exit our Site immediately if you do not accept these Terms of Use, if you are not of legal age for consuming alcoholic beverages in the country or other territory in which you are located, or if you are accessing our Site in a country or other territory where use of our Site is not permitted.

Use and access of our Site is permitted on a temporary basis to users located in countries or other territories where the sale, advertising and consumption of alcoholic beverages is permitted. We reserve the right to withdraw, amend, suspend or terminate indefinitely the services we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your Internet connection are aware of these Terms of Use, and that they comply with them. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these Terms of Use.

All intellectual property in our Site, including but not limited to trademarks, designs, logos, text, images, audio and video materials, look and feel, software including but not limited to code and structure (collectively the “Intellectual Property”) are owned by us. Except as provided in these Terms of Use or by law, the use of this Site does not grant you any rights, title, interest or license to any Intellectual Property you may access on this Site. Unless otherwise specifically authorized by us, you may not copy (whether in electronic, hard copy or other format) reproduce, transmit, distribute, adapt, modify, or create any derivative works of our Site or the Intellectual Property and any such use may breach intellectual property laws and other laws worldwide.

You may use our Site only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Site. You may not use our Site as outlined below, which serves only as examples but is not intended to be an exhaustive list of unacceptable uses:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (i.e. spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Any material you upload to our Site will be considered non-confidential and non-proprietary, and unless otherwise agreed in writing between us, we have the right to use, copy, distribute and disclose to third parties any such material in whole or in part for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. You waive any and all rights with respect to any material you upload to our Site. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.
We have the right to remove any material or posting you make on our Site if, in our sole discretion, such material does not comply with the content standards outlined herein any applicable rule, regulation or applicable code. Any and all material which you contribute to our Site must comply with the following content standards and be in compliance with applicable law. Your contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Contain sexually explicit material.
  • Harm, or attempt to harm, minors in any way.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right, trade mark or other proprietary right of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal or immoral activity.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

The material displayed on our Site is provided “as is” and without any guarantees, conditions or warranties as to its accuracy, and we, to the extent permitted by law, hereby expressly exclude and disclaim to the fullest extent permitted by law:

  • All conditions, representations, or warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose and other terms which might otherwise be implied by statute, common law or the law of equity. 
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

You will indemnify us against any loss, damage or cost incurred by us arising out of your use of our Site, any of its services or any information accessible over or through the Site, including information obtained from linked sites, our submission or transmission of information or material on or through our Site or your violation of these Terms of Use or any other laws, regulations and rules. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party’s rights (including, but not limited to, claims of defamation, invasion of privacy, or infringement of any intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and you will fully cooperate with us in any such defenses.

These Terms of Use, including our Privacy Policy constitute the entire agreement between you and us in relation to your use of our Site. To the extent that software or other downloadable technology is expressly made available to you through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. If any provision of these Terms of Use is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should give effect to the parties' intentions as reflected in the provision, and the other provisions shall remain in full force and effect.

These Terms of Use are governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and any dispute arising out of or relating to these Terms of Use or your access or use of this Site will be subject to the exclusive jurisdiction of the courts located within the county of New York in the State of New York, and you hereby submit to the personal jurisdiction of such courts.

We may change the content on this Site at any time. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

We may revise these Terms of Use at any time by amending this page. Each time you use this Site, the current version of the Terns of Use will apply. Accordingly, when you use the Site, you should check the date of the Terms of Use (which appears below) and review any changes since the last version. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Site.

© 2018 The 86 Co. 154 Grand Street, New York, NY 10013

Last Updated May 2017