3. YOUR UNDERTAKINGS
3.1 You hereby warrant and undertake that: (a) you are the sole owner of the Licensed Rights and/or you have full authority to enter into this letter agreement; (b) the Photography does not infringe the rights of any third party and the use of the Photography does not violate the rights of any third parties; (c) the Photography does not incorporate any material that infringes the copyright or any other rights of any third party, including any right of confidentiality or privacy, nor does it contain any obscene, blasphemous or defamatory matter, and its exploitation shall not place any person in contempt of court nor in breach of any provision of any statute; (d) you shall comply with the terms and conditions of any agreements which govern the use of the Photography provided by third parties; (e) you shall comply with all laws and regulations as they relate to these Terms and Conditions; (f) you shall provide all documentation and releases in respect of the Photography; (g) where the Photography depicts persons under the age of 18 years old that you are either the child’s parent or guardian or have sought permission from the relevant parent(s) or guardian(s) to use this Photography; (h) you are not aware, having made full and reasonable enquiry, of any claim by any third party that the Photography or any pre-existing material incorporating the Photography or included within the Photography, or the exploitation of the Photography has infringed or will infringe any rights of any third party and you agree that you shall immediately inform us if you become aware of any such claim; and (i) you have secured all third-party permissions and releases necessary to grant the Licensed Rights to us and have made or will make in a timely manner all payments due to any such third parties necessary to enable us to exercise the rights granted to us under these Terms and Conditions. You hereby acknowledge that we shall not be liable for any such payments.
3.2 You hereby waive in favour of us and all our assignees and successors in title all moral rights in the Photograph to which you may be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world to the extent necessary for us to exploit the Licensed Rights subject to the terms of this licence.
3.3 You hereby agree to indemnify us and shall at all times keep us indemnified against all actions, proceeds, costs, claims and damages whatsoever incurred by or awarded against us and compensation agreed by us in consequence of any breach or non-performance by you of any of the warranties and undertakings in these Terms and Conditions.