Terms of Service
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Updated: 03/09/2022
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This Agreement is entered into by and between:
Sheepily/Sheeps/Sheep/Sheepy (thereinafter referred to as: “the Artist”), who shall provide the Recipient with a Work done by Sheepily under a Service Agreement, Commission Agreement, Transfer of Rights Agreement, Gift Agreement or other similar manner, and You (thereinafter referred to as: “the Recipient”), who/which has fulfilled the obligations under the subject Agreement to be provided with the Work by the Artist. Collectively referred to as: “the Parties”
Whereas, the Recipient agrees that all transfers or receipts of Work done by the Artist shall further be subject to these Terms of Transaction. These Terms of Transactions might incorporate other Terms by means of reference. In case of material conflict between the referenced Terms and the Terms of Transaction, these Terms of Transaction shall have precedence.
Whereas, the Title under which the Recipient may receive the Work done by the Artist may be any form of agreement between the Recipient and the Artist, and the Recipient shall further be obliged to be bound by this Agreement (Commission, Trade, Gift, Transfer Agreement or other Service Agreement as agreed between the Parties)
The Recipient agrees to be bound by these Terms of Transactions at any time when receiving Work from the Artist, under the following terms:
Sheepily/Sheeps/Sheep/Sheepy (thereinafter referred to as: “the Artist”), who shall provide the Recipient with a Work done by Sheepily under a Service Agreement, Commission Agreement, Transfer of Rights Agreement, Gift Agreement or other similar manner, and You (thereinafter referred to as: “the Recipient”), who/which has fulfilled the obligations under the subject Agreement to be provided with the Work by the Artist. Collectively referred to as: “the Parties”
Whereas, the Recipient agrees that all transfers or receipts of Work done by the Artist shall further be subject to these Terms of Transaction. These Terms of Transactions might incorporate other Terms by means of reference. In case of material conflict between the referenced Terms and the Terms of Transaction, these Terms of Transaction shall have precedence.
Whereas, the Title under which the Recipient may receive the Work done by the Artist may be any form of agreement between the Recipient and the Artist, and the Recipient shall further be obliged to be bound by this Agreement (Commission, Trade, Gift, Transfer Agreement or other Service Agreement as agreed between the Parties)
The Recipient agrees to be bound by these Terms of Transactions at any time when receiving Work from the Artist, under the following terms:
TLDR; You agree to the following terms.
Definition of the Artist’s Work
- Any Work that the Artist has done under any Legal Title (Commission, Trade Agreement, Gift, Transfer Agreement or other Service agreement) and provided to the Recipient under this Agreement’s terms and conditions shall be considered the Artist’s work.
- The following sections shall define the limitations of the Recipient’s rights, unless further stated otherwise in the Agreement made between the parties, in writing.
TLDR; The works I create are my own (commission, gift, trade, ect), and the restrictions I place on them are as follows.
Scope of Usage
- The Work may be uploaded, distributed or published on the World Wide Web, as long as the identity of the Artist is contained in a proper manner (thereinafter referred to as: Citations) – namely via Artist Tag, Caption, Hyperlink or other convenient and reasonably expected manner leading to the revelation of the Artist’s identity, website, portfolio or other contact details.
- Regardless of Citations, the Recipient may not share the work as described in the subsection of these terms on Websites that permit only original content to be uploaded.
TLDR; The works I create may be uploaded to the internet, as long as a reasonable effort has been put into crediting my artwork. For example, if it is an image gallery websites a proper tag should be used (artist: Sheepily/Sheeps/Sheep/Sheepy). If it is social media network my profile should be linked in the website's preferred linking method (@/#/ect). All my art may be uploaded unless otherwise stated in these terms.
Watermarks
- Unless agreed otherwise between the Parties, in writing, the Recipient may not remove the Watermark on the subject Work.
- Unless agreed otherwise between the Parties, in writing, the Recipient may not attach the Recipient’s own watermark on the subject Work.
- Exception: Toyhou.se generated watermark.
- Exception: Toyhou.se generated watermark.
TLDR; Do not remove my watermark or add your own watermark unless we have agreed to it in writing. The only exception toyhou.se's generated watermark. Please do not "hard" watermark my images with text/images/ect. unless you have gained written permission.
Editing of the Work
- Unless agreed otherwise between the Parties, in writing, the Recipient may not trace, draw over, recolor or otherwise digitally modify the original image.
- For the conventional non-commercial purposes, the Recipient may add text, repurpose the art for other uses (for example: icons, reference sheets etc.), crop or re-size the Work.
TLDR; Do not modify my work in anyway. Exceptions include: cropping, resizing, or adding text for a reference sheet purpose. If you need to otherwise edit my work, please contact me first.
Commercial Use
- The Recipient may not use the work for commercial purposes whatsoever, unless explicitly agreed otherwise between the Parties, in writing.
- The Artist hereby reserves all Intellectual Property, Copyright and rights related to Copyright rights to the image as to commercial usage of the subject image, and subject to further limitations in sections 2 to 4 of this Agreement. The Artist is the sole legal owner and holds all right, title and interest in the subject Work, unless agreed otherwise between the Parties, in writing. All commercial usage of the subject Work are therefore forbidden, unless exempt for the purposes of sections 2 to 4 of this Agreement, so long that these usages of the subject Work are for non-commercial purposes.
TLDR; I retain the IP and Copyrights to any of my works, and my work is not to be used for commercial purposes, unless written consent has been granted.
Commissions and Service Agreements
- Provided that the Recipient is to enter into an Agreement under which the Artist shall provide the Recipient a Work for payment as agreed within, the following service-level rules shall apply, unless explicitly agreed otherwise in the agreement between the parties:
- All Work in Progress may be requested from the future Recipient, and shall be delivered to the Recipient within 48 hours of such request, provided that the Artist has started with the Work
- All Deadlines and other timeframes for completion or partial completion of the Work should be discussed in advance
- Upon finishing the agreed Work, the final product shall be sent to the Recipient. A version without watermarks or other protective marks on the final image may be requested (but not publicly uploaded).
- Upon rendering the scope of services as per the Agreement entered into between the Parties, the Recipient shall be solely responsible for keeping and storing any files or physical copies received by the Artist, under the Agreement’s terms.
- Other licensing terms may apply to the Agreement, as agreed between the parties.
TLDR;
- If I have started your work, and you ask for a WIP, I will send it to you within 48 hours of the request.
- Deadlines must be discussed prior to starting the work.
- When finished I will send you the work. You may request an unwatermarked version, but that version may not be posted publicly.
- Once I send the work to you, it is your responsibility to keep it. I may or may not have your file in the future.
- Other terms may apply if we agree to them in writing and prior to me starting work.
Commission Payments
- All Commission or other Payments sent to the Artists under any agreement as foreseen under Section 6 shall be paid in the following manner:
- All transactions shall be accepted in United States Dollars
- All transactions for rendered work under any Agreement shall be sent to the Artist via PayPal, under the option of “Payment for Goods and Services”. For taxation reasons, please do not send any payments as “Gifts”.
- All transactions should mark "no address," unless otherwise discussed.
- For recognizing your Payment, please enter your Username, or inform The Artist about the PayPal account number in advance. This should be done to avoid any problems with recognizing of your payments
- Tips are accepted by the Artist.
- The Artist does not take any payment upfront, and shall receive payment once the Work is complete and the Recipient is satisfied with the final result. The Parties may agree otherwise on the upfront payments in their individual Agreement.
TLDR;
- I only accept USD as payment.
- I only use Paypal, and payment must be made through "Goods and Services," and not through "Gift."
- You must select "no address."
- Please place ONLY your username in the paypal notes, or nothing at all. If you select nothing please provide me with your Paypal Transaction ID.
- I accept tips! ♥
- I do not accept payment up-font. I only accept payment once the work is completed and both parties agree it is completed. I may accept up-front payment if it is discussed first.
NSFW Content
- When working on NSFW Works by the Artist, these special rules under Section 8 shall apply, and supersede any previous sections under these Terms of Transaction.
- When making NSFW content, The Artist shall not work on any Works containing:
- Genital Mutilation, Genital self-harm
- Sexual acts involving insects
- Vomit, Feces or Fluctuation
- Unnatural Holes in the Body
- Genital Mutilation, Genital self-harm
- These Special rules shall modify the scope of the Licensing Terms:
- When receiving NSFW Works made by the Artists, the Recipient may share the work online only with the special watermark added, with citation and other obligations of the Recipient to not be modified outside the scope of subsection b) of Section 2 of these Terms of Transaction. The Work with the special watermark is for non-commercial use, unless expressly agreed otherwise with the Artist, in writing.
- The Artist will provide the Recipient with the NSFW Work without the special watermark is for the Recipient’s own, personal and non-commercial use, unless expressly agreed otherwise with the Artist, in writing
- The Artist strongly advises against posting or reposting any of the Works involving NSFW on any Websites or Forums that are not meant for such sharing.
- Unless agreed or permitted otherwise by the Artist, you may only repost or upload the Works on the following Website(s):
- None
TLDR; There are certain NSFW content I will not draw (Genital Mutilation, Genital self-harm; Sexual acts involving insects; Vomit, Feces or Fluctuation; Unnatural Holes in the Body). When receiving a work of NSFW content from me you will be provided with a watermarked version which states "DO NOT REPOST," on it. You will also get an unwatermarked file for your own enjoyment. NSFW content is not to reposted anywhere, on any website. You must receive permission to post it, and if you do post it, it must be the watermarked version described above.
Substantive Changes to these Terms of Transaction
- The Parties may modify these Terms of Transaction by means of a written agreement, bindingly consented to by both Parties.
- Every other aspect of any contractual relationship concluded between the parties will further be governed by the Agreement between the Artist and Recipient, Sheepily’s Terms of Service, as well as applicable law.
TLDR; These terms can be modified in writing, if both parties agree.
Substantive Changes to these Terms of Transaction
- By receiving any of the work on a valid legal Title as foreseen by these Terms of Transaction, the Recipient hereby agrees to follow these Terms of Transaction, the specific Agreement made between the Artist and Recipient, Sheepily’s Terms of Service and applicable law.