Terms and Conditions

 


TERMS & CONDITIONS ‘ Pinstripe & Pearls

 

1. General terms and conditions

These terms and conditions (“Terms and Conditions”) apply to all orders for items which you, acting in your individual capacity as a consumer (“you”), place with us Pinstripe & Pearls (“we” “us” or “our”). We trade on-line using the website which we operate from the URL: “www.PinstripeandPearls.com” and other URL’s from time to time (“Website”).

If you are a trade buyer or acting in the course of business please contact our Trade Services team directly by sending an email to trade@pinstripeandpearls.london.

For legal reasons we can only sell items via this Website to individuals aged 18 or over who possess a valid credit or debit card issued by a bank acceptable to us. If you are under 18 you must involve a parent or guardian when placing orders on-line using the Website.

This Website is for use only by individuals who access it from within the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man. If you choose to access the Website from locations outside these territories, you are responsible for compliance with local laws if and to the extent they apply.

We are an English registered company and this Website and the information and marketing materials contained on it are provided in the English language only. If you do not understand all or any part of these Terms and Conditions, you may not place orders using this Website.

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2. Accepting the terms and conditions

By accessing the content of www.PinstripeandPearls.com you agree to be bound by the terms and conditions set out herein and you accept our privacy policy.

Before placing your order, please read carefully these Terms and Conditions, our Privacy Policy, and other policies we may notify you of. You should print or download copies for your future reference. Together they constitute the entire agreement between us. When making online orders, you accept and agree to be bound by these Terms and Conditions and the other terms and conditions referred to above, when you tick the check box before proceeding to payment. You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us from any infringement of the terms and conditions set out in this agreement.

Nothing in these Terms and Conditions impinges on your statutory rights either as a consumer or otherwise.

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3. Colours, sizes and specifications

We do rely on our brand partners to provide us with accurate product descriptions which match  the actual product dispatched. We make every effort to display the colours, sizes and specifications of items available on the Website as accurately as possible.  Please note that because products are dispatched directly from the brands own boutique to your door, we can not fully guarantee that the product dispatched will match the advertised specifications on our website.  For example, the colours you see will depend on the resolution and performance of your monitor. We cannot guarantee that your monitor’s display of any colour will reflect accurately the colour of the item delivered. We may from time to time vary the sizes and specifications of items displayed on our Website without prior notice. We cannot guarantee that a particular colour, size or specification of an item will be available.  A member of our Customer Care team will contact you if the item you have ordered is no longer available.

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4. Placing orders ‘ our contract with you

When you place an order to purchase items using the Website this is an offer by you to us, to purchase those items. We only accept your order when we have confirmed availability with our brand partner, order price and have processed the payment on your credit card successfully. The contract between us is formed at the point we accept your order.  If an item within your order is not available we will contact you. Where possible we may offer you a substitute item. Please see the Availability and substitution section below for further details.

If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be PinstripeandPearls.com. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. Please note that the cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

We reserve the right to refuse access to the Website, terminate accounts, remove or edit content, cancel orders at our discretion and refuse requests by you. If we cancel an order it will be without charge to you.

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5. Acceptance of your order

We acknowledge receipt of orders which you submit using the Website by sending you an email summarising the details of your order, titled “Your Pinstripe & Pearls – order receipt”. This email will not constitute acceptance of your order.

Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed and stock availability has been confirmed by our brand partner.

We accept your order for an item when we send you an Order Dispatch Note by email confirming that we have dispatched the items in your order. This email will be titled “Order Complete” and the status will confirm “Parcel Dispatched”. Your card will be debited once the order has been accepted.  Pinstripe & Pearls retains the right to cancel any order for any reason.

For orders placed on-line using this Website the contract between us is formed at the point we email you the Order Dispatch Note for those items detailed in the Order Complete email. If your order contained a number of items and the email mentions only some of them, those items which have yet to be dispatched to you do not form part of that contract.  Included in the Order Complete email is an order reference number that will enable you to track the progress of your order.

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6. Prices

a. Accuracy

Although we try to ensure that all prices, details and descriptions on the Website are accurate, errors may sometimes occur. If we discover an error in the price of items you have ordered we will contact you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced item as cancelled.

We reserve the right to update prices displayed on the Website from time to time.

b. Currency and Taxes

Items are invoiced in GBP sterling at the price prevailing at the time you place your order. Please note that we can only accept payment in GBP sterling. Prices displayed on the Website include United Kingdom Value Added Tax which will be charged at the current rate as shown on your invoice.

Delivery is charged extra. Details of our delivery charges can be found on the Delivery options page and further details found below in the Delivery section of these Terms and Conditions. Delivery charges will be displayed clearly before you confirm payment and are included in the “Total†.

From time to time we may choose to display prices on the Website in foreign currencies as well as GBP sterling. If we do so it is purely for illustrative purposes and the conversion rates are approximate only. If you choose to purchase items from us online using a payment card for a foreign currency denominated account, the conversion rate will be that applied by the relevant payment scheme at the time of processing the transaction.

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7. Availability and substitution

As we do not hold physical stock ourselves, we accept orders for items subject to stock availability from our brand partners.  If for any reason the items you ordered are no longer available at the brands boutique or warehouse, we will at our discretion either:- offer you an alternative item of equivalent quality and price (where this is possible); or cancel the item from your order and where payment has already been deducted from your account give you a full refund in respect of that item.

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8. Payment

You may pay for the items that you place on order by distance means (i.e. on-line), by supplying your credit or debit card details or using a verified PayPal Account. We accept the following card types: Visa, Delta, Mastercard and JCB. We also accept PayPal.  You will be asked to supply these details in the secure on-line order form.

We regret that we cannot accept cheques, gift vouchers or cash as payment on-line or by telephone. Receipt of your credit card details and debit of payments does not constitute our acceptance of your order. Acceptance of your order occurs in the case of all orders when we send you the Order Dispatch Note email (see Placing orders ‘ our contract with you, and Acceptance of your order section above).

You are responsible for ensuring the email address and other contact details you provide to us are correct. We will not be responsible if you do not receive the Dispatch Note email or other confirmation from us where the details you have supplied are incorrect or in the event of communication system failures outside our control.  Please note that we cannot guarantee the security of data which you send us by email. Accordingly please do not send us payment information using email. For details of the security measures we employ please read our Privacy Policy.

Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.

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9. Delivery

We recognise that a demanding career often makes it difficult to “wait in† to receive your order, and so we have created a number of different delivery options, to meet your specific needs. This gives you complete flexibility and access to have your delivery made to your corporate offices, hotel, conference venue or home, as required. Please see our delivery options pages for further information on the options available and costs.

Where do you deliver to?: We deliver to addresses in the United Kingdom (which we define as England, Wales, Scotland, Northern Ireland, and all off-shore islands except the Channel Islands). We also deliver, under separate tariff, to the Channel Islands, the Republic of Ireland and other addresses throughout the European Union and Internationally.

BFPO (British Forces Post Office)/ PO Box: Unfortunately at this time, we do not deliver to BFPO addresses or PO Box addresses.
Please note despatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

You may choose a delivery address which is different to your billing address. To be eligible to use this service, you must first register for an account with us and record a primary address which matches your credit card billing address. A signature confirming receipt is required for delivery. If there is no-one available at the delivery address to accept the order, the courier will leave a card asking you to arrange collection from your nearest depot, or to arrange a re-delivery.

To track your delivery visit our Order Tracking page and enter the delivery reference number emailed to you upon despatch of your order.

If your order is not delivered within the expected time, please contact Customer Care. If your order is shown to be lost in transit we reserve the right to investigate before we offer to replace or refund your order.  The products ordered by you will be at your risk from the time of delivery, and ownership of them will only pass to you when we receive full payment of all sums due in respect of them, including delivery charges if applicable.

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10. Your cancellation right

Under the distance selling regulations you have the legal right to cancel your order within 14  working days of receipt of the goods (with the exception of certain items – see ‘Items which by their nature cannot be returned’). For details of how to exercise this right please see the Returns section and Faulty and damaged items section below.

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11. Returns

We hope you will be very pleased with your purchase. If you are not satisfied with your purchase, you are more than welcome to return or exchange any items ordered within 14 days, beginning the day your order is delivered. Please note the exceptions of items listed in the “Items which by their nature cannot be returned† section below.

All items should be returned unused, with the original packaging and Pinstripe & Pearls tags attached.

Until you return items to us you are responsible for their safe keeping and taking reasonable care of them. We do not accept liability for packages damaged during transit back to us. It is your responsibility to wrap items adequately to prevent damage.
Please see our Returns Policy for further details on how to return your unwanted item. Returns are Free for our UK Customers. Unfortunately we are unable to cover the cost of returning European Union and International orders.

PayPal orders: UK orders paid for via PayPal should be returned by freepost for a refund to your Paypal account.

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12. Items which by their nature cannot be returned

For reasons of hygiene, we regret that we are not able to exchange or offer you a refund if you decide you no longer want items which by their nature cannot be returned once they have been dispatched, including:

â‘  Jewellery items including pierced earrings

â‘  Items of nylon clothing which become distorted when worn

â‘  Headwear

This does not, however, affect your statutory rights in relation to such items if they are faulty or damaged when you receive them (see the Faulty or Damaged Items section below) or if they are items that you have been sent in error.

If you have any questions please contact our Customer Care team.

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13. Faulty or damaged Items

If the items you ordered are damaged or faulty upon receipt, provided you inform our Customer Care team within 14 days of receiving the items (supplying them with the order reference details shown on the delivery documentation together with details of the damage or fault) we will send replacements or offer you a refund. We ask that you return the damaged or faulty items to us, using the UK Freepost service where possible – we will reimburse the reasonable costs you incur in doing so (we ask that you send us copies of the supporting receipts). Refunds will be credited to the payment method used to make the original purchase.

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14. Privacy and communications

When you place orders, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details). For details on how we use this information, please read our Privacy Policy. To fulfil our obligations to you under these Terms and Conditions we communicate with you by e-mail and by posting notices on the Website. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications being in writing.

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15. Disclaimer of liability

Pinstripe & Pearls.com shall not be responsible for and disclaims all liability for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system.

In particular, neither Pinstripe & Pearls.com nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

Our liability to you under these Terms & Conditions will not exceed the total price charged for the item(s) you purchased. Nothing in these Terms & Conditions excludes or limits our liability to you for personal injury or death as a result of negligence and/or fraud.

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16. Events beyond our reasonable control

We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.

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17. Waiver

If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.

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18. Governing law and jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English Courts in respect of any disputes arising in connection with the website or any relevant terms and conditions, policies and notices, or matter related, as do we, without reference to rules governing choice of laws.

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19. Severance

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

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20. Trademarks

Pinstripe & Pearls.com ® is a trading name and registered trade mark. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks. Where a trade mark or brand name is referred to which is not owned by Pinstripe & Pearls it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Pinstripe & Pearls.com. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of Pinstripe & Pearls or the respective trade mark owner.

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21. Website conditions of use

a. Website Information

Whilst every effort is made to update the information contained on this website, neither Pinstripe & Pearls nor any third party make any representations or warranties, as to the sequence, accuracy, completeness or reliability of information contained on the website and shall not be bound in any manner by the information contained on the website. The Website is provided to you “as is” free of charge. As such we will not be responsible for any errors or omissions or for any technical difficulties you may experience with the Website.

Pinstripe & Pearls.com does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain). By accessing the website, you warrant and represent to Pinstripe & Pearls.com that you are legally entitled to do so and to make use of information made available via the website.

No information shall be construed as advice. Information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.

b. External Links

External links may be provided for your convenience, but please note if you use these links, you will leave the Website. These links are beyond the control of the Pinstripe & Pearls.com and no representation is made as to their content. We do not review these third party websites and do not control and are not responsible for these websites or their content or availability. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to use or place reliance on any external links and the content, this is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use.
Please contact us if you would like to link to our Website or would like to request a link to your website. No hypertext links shall be created from any website controlled by you or otherwise to our Website without the express prior written permission of Pinstripe & Pearls. You will indemnify us fully for any loss or damage suffered by us or any of our associate companies where you are in breach of the above requirements.

c. Website Availability & Access

We do not guarantee uninterrupted availability of the www.PinstripeandPearls.com Website.

Occasionally we may suspend or restrict access to the Website to allow us to carry out essential updating, maintenance and repairs. In these circumstances, we will endeavour to restore your access to the Website as soon as possible.
Use of this Website requires internet connectivity and telecommunications links. You are responsible for any costs or charges that you may incur in using the Website.

We will not be liable for any loss or damage caused by any viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

d. Contributions to public forums and specific use

Pinstripe & Pearls.com is not responsible for any material submitted to the public areas of the Website by you (which include bulletin boards, hosted pages, reviews, style rooms, blogs, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Pinstripe & Pearls.com. Pinstripe & Pearls.com reserves the right to remove any material submitted or posted by you in the public areas, without notice to you.

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Pinstripe & Pearls.com against any loss, liability, damage or expense of whatever nature which Pinstripe & Pearls.com or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

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22. Alterations to the website and terms and conditions

We reserve the right at any time to change or discontinue without notice, any aspect or feature of this website, these Terms and Conditions, including, Privacy Policy and such other policies as we may notify you of from time to time. You will be subject to the policies and terms and conditions in force at the time you order items using the Website or by telephoning our Customer Care team. We recommend that you regularly check the terms and conditions of this agreement.
Changes which we are required to make by law could apply to orders which you have already made. If any of the terms and conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, they will be deemed severable and will not affect the validity or enforceability of the remaining terms and conditions.

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23. Complaints

Pinstripe & Pearls.com operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. You can write to us at Complaints, Pinstripe & Pearls, The Old Barrel Store, Brewery Courtyard, Draymans Lane, Marlow. SL7 2FF.

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24. Our details

Pinstripe & Pearls.com

Registered in England and Wales

Last update of this document: June 12th 2014.

Copyright Pinstripe & Pearls Limited, 2014. All rights reserved.

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25. Where you can find further information

Please refer to the “Frequently Asked Questions” section of the Website or contact our

Email: customercare@pinstripeandpearls.london

Postal Address: Pinstripe & Pearls, Customer Care Team, The Old Barrel Store, Brewery Courtyard, Draymans Lane, Marlow. SL7 2FF.

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26. Promotional Codes and Offers (Including £20 Welcome Gift Offer)

By using a promotional code you will be deemed to have read and understood these terms and conditions and agree to be bound by them.

Pinstripe & Pearls.com promotional codes can only be used on Pinstripe & Pearls.com and towards the purchase of items currently featured and in stock on our Website.    

For Promotions that require a minimum spend limit, please note that the spend limit does not include delivery charges.  The minimum spend amount must be made up from product purchases only.

Our £20 welcome gift promotional code can only be used on orders over £100.  

Promotional codes are not valid on our NOOSHIN (Savile Row) Brand and Made 2 Measure service.

Promotional codes have no cash value, cannot be transferred and cannot be forwarded or reassigned.

Promotional codes cannot be used in conjunction with any other offer on Pinstripe & Pearls.com in the same transaction.

The discount associated with a promotional code is applied to your entire basket, excluding any delivery charges. Promotional codes are typically a combination of letters and numbers, eg, JLEWL01, and should be entered on the Billing & Delivery address page during checkout for the discount to apply.

Each promotional code will have a limited time period in which to be used and/or a maximum number of orders per code. The code will be invalid once these limits have been reached. Specific terms and conditions for each promotional code setting out these limits can be found in the communication you received with the code itself.

Pinstripe & Pearls.com reserves the right to suspend, change or cancel any promotional code, at any time, in the event of circumstances arising which make it necessary to do so. Pinstripe & Pearls.com may update these terms from time to time and reserves the right to add additional terms and conditions for specific promotional codes as and where necessary. You should review the promotional code terms and conditions periodically for changes.

Any refund you may be entitled to receive will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards the final basket price.

The terms and conditions on the Website shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Website and the promotional code terms and conditions, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Website terms and conditions shall also apply to these promotional code terms and conditions.

These promotional codes are provided and operated by Pinstripe & Pearls, The Old Barrel Store, Brewery Courtyard, Draymans Lane, Marlow. SL7 2FF, United Kingdom, with registered company number: 07464982.
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27. Pinstripe & Pearls Facebook Page Terms Of Use

The Pinstripe & Pearls Facebook page is intended to provide a place for fans of Pinstripe & Pearls to connect with each other and discuss Pinstripe & Pearls and for us to share information with fans about Pinstripe & Pearls.

When you become a fan of the Pinstripe & Pearls brand’s Facebook Page, you agree to comply with Facebook’s Statement of Rights and Responsibilities and other policies and these Pinstripe & Pearls Terms of Use.

The comments, visuals, videos and other content posted by fans on this site (“User Content”) do not necessarily reflect the opinions or ideals of Pinstripe & Pearls, its employees or affiliates. Accordingly, Pinstripe & Pearls is not responsible for any User Content and does not represent or warrant the accuracy of any statement or product claims made on the Pinstripe & Pearls Facebook Page.

You may not post any User Content (and we may in our discretion remove any User Content) that contains materials or information that falls into any of the following categories:

Materials that defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
Defamatory, obscene, indecent, profane or otherwise objectionable material or information;
Materials that include information that is false, misleading, inaccurate, fraudulent, or deceptive, or that promotes illegal activities;
Material that violates the copyright, trademark, patent, privacy, publicity or other intellectual property rights of another;
Materials that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
Materials that advertise or offer to sell any goods or services or that otherwise are commercial in nature; or
Materials that violates any applicable local, state, national, or international law.
Materials that include inflammatory religious or political content
Materials that contain references to a third party page or website.

 

While we do not have the obligation to monitor the User Content that is posted on the Pinstripe & Pearls Facebook Page, we reserve the right to do so and to remove any User Content that we, in our discretion, believe violates these Pinstripe & Pearls Terms of Use.

In addition to the license that you grant to Facebook to use your User Content, you grant an irrevocable, perpetual, global and royalty-free license to Pinstripe & Pearls and affiliates and their respective licensees, successors, assigns and those acting under their permission (collectively, the “Pinstripe & Pearls Parties”), to reproduce, distribute, exhibit, publish, perform, modify, create derivative works based upon, and otherwise use the User Content that you post on the Pinstripe & Pearls Facebook Page in any and all media now known or hereafter developed, with or without attribution to you, for advertising, promotion, publicity, trade, merchandising, packaging, public relations and media purposes and for any other lawful purposes whatsoever. The foregoing grant of rights includes, without limitation, the right of the Pinstripe & Pearls Parties to use, in any manner whatsoever, any information, designs, ideas, or concepts contained in such User Content (including, without limitation, any ideas pertaining to any products or advertising campaigns of the Pinstripe & Pearls Parties), with or without attribution to the you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services.

You agree to defend, indemnify and hold harmless the Pinstripe & Pearls Parties and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising from any breach by you of any of these Pinstripe & Pearls Terms of Use and/or your User Content.
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