Sleepy Sparrow

An Alchemist of Fantasy & Flesh, Forged by a Sculptor’s Hands

Terms and Conditions

All legal entities owned and ran by Sleepy Sparrow.

BY PURCHASING ANY DIGITAL OR PHYSICAL CONTENT FROM ME, YOU ARE
STATING THAT YOU HAVE READ AND AGREED TO THE FOLLOWING CONDITIONS.
I WILL WORK, SELL AND PROVIDE CONTENT UNDER THE ASSUMPTION
THAT YOU HAVE READ AND ACCEPTED THE FOLLOWING:

General

  1. I obtain the right to suspend or block your access to my sites and content and not refund any payment made in the event of a violation to my terms of service.
  2. I reserve the rights to modify, alter and update my TOS. It is the “buyer’s/client’s” responsibility to be up to date on my TOS policies. Agreeing to my TOS policies and agreements means you understand they may update/change and accept all and any updates and change made to the TOS.
  3. All my content created by me, Sleepy Sparrow, including but not limited to: artwork, commissions, concept designs, digital content, etc. no matter what, can NOT be used as NFTs or used in or in accordance with ANY AI (artificial intelligence) programs.
  4. All content created by me, Sleepy Sparrow, is ONLY allowed for personal use unless otherwise physically written and approved by me, Sleepy Sparrow.
  5. You, the buyer/client do NOT have permission to alter, change or modify any of my content in its entirety as well as claim they are your own creations or physical, digital or intellectual property.
  6. ALL ideas, concepts, artwork, creations, commissions and content created by me, Sleepy Sparrow, both physical, digital and ideas are owned by me, the artist, Sleepy Sparrow and as such I, Sleepy Sparrow own the rights to all physical and intellectual properties for ALL my content.
  7. ALL digital, online content, in its entirety, prints and relics purchased are FINAL SALE. Absolutely no refunds can or will be given, no matter what.
  8. You do NOT have permission to legally re-upload and distribute any of my online or physical content created by me and you do NOT have permission to claim as your own.
  9. You may promote and share my PUBLIC content available but only WITH full credit to me and a link to one of my sites attached to what you are sharing or promoting.
  10. All private content I create, provide or distribute on my own private sites and sites with paywalls are NOT allowed to be shared or re-distributed in any way, shape or form even if credit is given.
  11. ALL my content is ONLY for legal adults over the age of 18 years of age. My content is 18+ content and immediate protective actions will take place if you are found to be under the legal age of 18 years old. NO ADOLESCENT PERSONS. This is illegal and prohibited under federal law. Protective actions include but are not limited to: blacking access to all sites I own and run, reporting to said sites for your own protections, etc.
  12. Collaborations are rare, but a separate collaboration TOS agreement and NDA will be created, shared and signed before any work can be started and completed with said person(s) or company wanting to collaborate.
  13. I own all rights to ALL my content even if it involves a collaboration. Royalties will be required for any and all collaborations and sales or distributions of any and all content I create and approve.
  14. If you are unsure about one of your actions going against my TOS agreements, I encourage you to reach out to me and await my response and approval or denial to whatever your request may be.
  15. I do NOT perform or do any sexual out-calls, in-calls or any other sexual in-person requests. All my content is for viewing pleasure and entertainment ONLY. Any and all content posted claiming I am “in said in-person sexual content”, or have “acted out any sexual in-person content” is not real and is fake and legal action WILL take place against the aggressor and or person who posted such claims.
  16. While some of my content can come across sexual in nature, again, it is ONLY for legal adults to consume as well as ONLY for viewing pleasure by legal adults, whether that’s online or in person at shows, conventions, meet-n-greets, etc. Anyone who violates my TOS or my personal and physical boundaries with any act of violence, hatred, manipulation, ill intent, is found to be underage, etc. WILL have legal actions put against them for everyone’s safety and well being. They will also be banned from any further interactions in any and all scenarios.
  17. My content in its entirety may NOT be shown to any underage, minor. If you are found to be doing this act, legal action WILL take place. I do not tolerate gross behavior such as that.
  18. You do NOT have permission to alter any of my content in any way, shape or form using AI or any other means to alter my content.

Art Commissions

  1. I obtain the right to cancel a commission and not refund any payment made in the event of a violation to my terms of service.
  2. I reserve the rights to modify, alter and update my TOS. It is the “buyer’s/client’s” responsibility to be up to date on my TOS policies. Agreeing to my TOS policies and agreements means you understand they may update/change and accept all and any updates and change made to the TOS.
  3. My artwork, commissions and concept designs, no matter what, can NOT be used as NFTs or for any and all AI. All artwork, commissions and concept designs created by me, Sleepy Sparrow, is ONLY allowed for personal use unless otherwise physically written and approved by me, Sleepy Sparrow. Royalties will be required for any approved commercial use of my content in any capacity I see fit.
  4. You, the buyer/client do NOT have permission to alter, change or modify any of my artwork, commissions and concept designs as well as claim they are your own creations or physical property or intellectual property.
  5. ALL ideas, concepts, artwork, creations, commissions both physical, digital and ideas are owned by me, the artist, Sleepy Sparrow and as such own the rights to all physical and intellectual properties.
  6. Payment Information
    1. I will do my best to be prompt with any and all communications regarding a purchased art piece or art commission to ensure the process goes smoothly. I have several jobs and ongoing clients at once. Your patience and understanding is appreciated. I will communicate any prolonged pauses, interruptions or delays as soon as possible.
    2. I will need:
      1. your email (to use payment processing platforms, have communications between myself and you, the buyer/client and for any and all invoices and payment related processes),
      2. your full legal name,
      3. a photo of your legal photo ID,
      4. phone number,
      5. and a description of the art commission you are wanting to order and pay for.(you may provide photo references as well. I will never use your personal information provided beyond the payment forms and direct communications between us. In the event the TOS is broken, Illegal activities or violence against me or others occur, by agreeing to this TOS you agree to allow me to use your personal information for the appropriate legal repercussions and actions as a means of protection for myself, others and my properties as aforementioned.
  7. Payment Process
    1. For your protection and mine, full payment is required before I begin. This includes the 50% deposit. The 50% deposit is non-refundable no matter what.
    2. I can accept the 50% deposit being paid separate from the remaining 50% of the full payment as long as it is discussed and approved in writing, prior to sending the invoice.
    3. Payment accepted only through invoicing that lists approved payment options.
      • Approved payment options: CashApp, Venmo and Cash
      • Zelle may be offered if I approve of it on a person-to-person basis.
    4. Payment should be in USD, please convert before sending!
    5. Tips are appreciated but not necessary!
  8. Refunds
    1. All payments are FINAL. I understand life can happen, so, I can work with you on an individual basis regarding any partial refunds that does NOT include the deposit. (i.e. family emergency, medical emergency, etc.) I’m an artist, not a monster. This, however, does NOT entitle you to any form of refund regardless of my offer to discuss the possibility of such. It is all circumstantial.
    2. Refunds(excluding deposit) may be given but not entitled to if I am unable to complete your commission for any given reason.
    3. By paying an invoice sent to you, you automatically accept that you are paying for a preexisting artwork or personalized art piece by me, the artist, Sleepy Sparrow. You also agree to forfeit any attempts of payment charge back, as you are confirming your access and/or ownership of the payment account related to the provided personal information needed for said payment process.
    4. You are also confirming that you are the owner of this account and money, or have permission to use it fully.
    5. Any attempts of a payment charge back will be considered bad faith by the buyer and will result in automatic loss and forfeit of intellectual rights/artwork both physical and digital.
    6. If there is a situation were I approved a refund of any sort and you use any of my artwork in its entirety after receiving an approved refund(excluding deposit), you are fully aware of the possibility of legal actions.
  9. I Will Not Create the Following in My Art:
    1. Any underage characters in ANY situation.
    2. Extreme fetishes (ask if unsure)
    3. Any hateful, racist, bigoted, dehumanizing art of ANY kind.
    4. Non-consensual sexual activities(ask if unsure. Renaissance art may be allowed and discussed.)
    5. Questionable content (ask if unsure)
    6. Any pre-existing characters. Interpreted fan art renditions allowed.
  10. I do NOT accept underage persons commissioning me. I am an adult artist who create 18+ artwork. Only legal adults are allowed to order a commission ad make payment for said commission or pre-existing artwork. I reserve the right to refuse said commissions if I know that the customer is under 18. Purchasing any MATURE type of art from me confirms you are at least 18, and you agree to this; if this is untrue at any point, it is not my responsibility and you WILL be reported and blocked.
  11. References and Information
    1. Picture and written references are accepted but does not mean it will be interpreted exactly as its presented. This protects myself, you and the artist behind the references you send me.
    2. I reserve my right to refuse to emulate another artist’s style. I work in my own style, and while references and requests to make things more cartoony/realistic is fine, asking me to “sculpt like [insertname]” is not.
  12. Revisions and Edits
    1. You will be sent a rough sketch/concept sketch in which you will be able to tell me what you want fixed/changed, removed, or added, or if I’m allowed to continue.
    2. Anything I missed from the given information or reference on the order form(s) will be changed for free.
    3. Any edits past 2 fixes during the concept sketch, will cost a fee. Additional fees depend on the complexity/number of extra changes. This is subject to change based on the amount of the sketch that is requested to be changed.
    4. Any revisions post-concept sketch, may cost a fee. Fee depends on what you want revised/fixed/added.
    5. I am not responsible for faults resulted in information you do not provide to me.
    6. I am not responsible for you not wanting or liking my personal art style. I will NOT copy another artists style and will only use inspiration from other artists works if you request through references sent. You agree and accept my style as my own if you agree to this TOS.
  13. Time Frame
    1. I try to get commissions done between 2 weeks to 2 months depending on the complexity, size, materials needed and used and how busy my work schedule is at the moment(time frames may vary). I have several jobs I work and several clients at once as well as attending full-time college. I will always communicate any delays as soon as I know about them. Thank you for understanding.
    2. Deadlines are acceptable as long as it’s discussed and approved by me beforehand. If you want to skip the line in my commissions, there will be an extra fee required before I start your commission piece.
    3. Gentle reminders every now and then are acceptable. Daily or frequent messages are discouraged and will prolong your commission. I pride myself in quality work and quality work will always take time. I will provide you with updates via our main communications via email.
  14. Copyright/Usage Policy
    1. All things mentioned in any section or part of this TOS agreement.
    2. You may use your commissioned artwork for personal use, but cannot claim that you are the one who made it.
    3. This includes, but is not limited to, tattoos, creating copies in any way, etc. Please discuss possible usage rights with me beforehand and we can work out an agreement with the appropriate payment/royalties required.
    4. You may post or re-post the commission onto your social media, but you must credit and tag me and my website: asleepysparrow.com.
    5. If you resell my artwork or commission, I will require a 20% commission fee of the full sale amount.
    6. My art can NOT be used for NFTs, other crypto-based platforms or any AI usage.
    7. I own all physical and intellectual rights to the artwork, ideas, concepts, sketches, as well as all versions including but not limited to digitals I have created along with the rights to post my artwork where I deem necessary to promote myself or my art.
    8. If the commissioner chooses to keep this commission private, they must mention it during the process of ordering a commission. Privacy fees change based on commission type and complexity, to account for lack of advertising. An NDA agreement form will be signed for both parties ease of mind. NDA agreements may be null and void after 90 days of commission being completed and NDA form signed. This will be written and stated in said NDA agreement forms.
  15. Absolutely Prohibited:
    1. Using my artwork commercially (making money off of it by any means). We can discuss commercial use, however you are not entitled to its approval. Legal action can and will take place if this is gone against.
    2. Taking credit for my artwork / claiming as your own.
    3. Promoting my work in any fashion WITHOUT full credit to me, Sleepy Sparrow, and links of where to find me.
    4. Removing or purposefully cropping out my watermarks/signature.
    5. Editing/altering the artwork itself (without my permission first).

By agreeing to this TOS agreement you are of the understanding and accept ALL terms and policies in place. Going against or breaking any of the aforementioned policies in this TOS or any other explicitly written format or update by myself, Sleepy Sparrow, will force me to take appropriate legal actions as well as any protections for myself, others involved and my artwork in its entirety.