Last Updated: 9th April 2024
LotPixel is a subscription-based website offering a library of textures, models and decals for digital artists for their projects (the “Service”). This website, www.lotpixel.com, is owned and operated by TURKEY 3400232943
(“LotPixel”). This End-User License Agreement (this “Agreement”, “EULA”, “License”) applies to all users of the Service (collectively or individually, “You”, “Users”, “Customer”).
By signing up for a LotPixel Account or by using any LotPixel Services, you acknowledge that you have read, understood, agree with and accept all of the terms and conditions contained or expressly referenced in this agreement, including LotPixel's Privacy Policy. If you do not agree to all of the terms and conditions of this agreement, then please do not attempt to use the Service.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.
This Agreement applies to all users of the Services (collectively or individually, “You”). The Customer (end-user) agrees to the transferral of their data related to the payment methods, membership and orders to iyzico Ödeme Hizmetleri A.Ş. (“iyzico”) and agrees to the processing and storage of these data by iyzico in order to finalize the payment transactions and to enable prevention, investigation and detection of fraudulent transactions as described in the most current version of the Privacy Policy at https://www.iyzico.com/en/privacy-policy/
1.1 This EULA is a legal agreement between You and Lotpixel Your use of the Services. The purpose of this EULA is to allow You to use the Services provided by Lotpixel. This EULA is made effective beginning on the date on which You first access or otherwise use the Services (the “Start Date”). For additional information regarding how we handle information You transmit to us please visit the Lotpixel Privacy Policy. By using the Services, you acknowledge that You have read the Privacy Policy.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your”, etc. shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, you may not accept this agreement and may not use the services.
By accessing or otherwise using the services, you agree to abide by the terms of this EULA, and a legally binding agreement is created between LotPixel and you. Your use of the services constitutes your acceptance of the EULA. If you do not agree to these terms, do not access, install, copy, or use the services.
2.1 You must register an account via the lotpixel website (www.lotpixel.com), or on other permitted websites or platforms, to access the Services. The account must be registered to only one (1) individual physical person (“Registered User”); provided, however, that accounts registered and owned by a corporation or other legal entity may be shared solely for the purposes of practicing such entity’s rights and obligations under this Agreement. You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others to access Your account, unless specifically permitted in writing by Lotpixel. You are not permitted to transfer Your account, any Licensed Assets, or Points to another person or entity, unless specifically permitted in writing by Lotpixel. You may delete your account at any time.
2.2 When registering an account, You must provide Lotpixel with a valid e-mail address and password which will be registered by Lotpixel. You acknowledge and agree that You will provide true, accurate, current, and complete information as requested when registering an account and maintain and update this registration information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to any computer or device that You use for accessing the Services. You are responsible for all activities that occur under Your account. Lotpixel reserves the right to refuse the Services, suspend or terminate accounts, remove or edit content, delete assets, or cancel orders in its reasonable discretion if You provide registration information which is false, inaccurate, not current, or incomplete. Lotpixel may share Your registration information with its partners, affiliates, and third parties solely as necessary to operate Lotpixel’s businesses (e.g., process orders and payments etc.). For more information see the LotPixel Privacy Policy.
A high-speed Internet connection is required for proper transmission of and access to the Service. You are responsible for procuring and maintaining the network connections that connect Your network to the Service. We are not responsible for notifying You of any upgrades, fixes or enhancements to any software or for any compromise of data, including Your Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by LotPixel or our partners. We assume no responsibility for the reliability or performance of any connections as described in this section.
4.1 The Service comprises a library of textures, (including all possible files exported) Decals and models (“LotPixel Assets”).
Payment of the applicable fees entitles You to use the Service, access LotPixel Assets with Downloads acquired through the Website according to the terms of Your License and add LotPixel Assets into Your Customer Assets. You or any third party is strictly prohibited from using LotPixel Assets or Customer Assets in any other products or services or develop products and services that competes with LotPixel's products and services.
4.2 We reserve the right to remove LotPixel Assets from the Services at any time.
4.3 Only a Permitted User may handle or otherwise make use of LotPixel Assets within the Services.
5.1 Free Licence, We may offer one or more of the Services to you at no charge (“Free Licence”) for a period of time. The Free Licence may include a limited selection of LotPixel Assets.
We may modify or terminate your right to use the Free Licence at any time and for any reason in our sole discretion, without liability to you. You are required to comply with the terms and conditions of this Licence. To the maximum extent permitted by law, we disclaim all obligations or liabilities with respect to the Free Licence, including any support, warranty and indemnity obligations.
5.2 The Freelance License is provided for a single Permitted User doing commercial work as part of an entity earning up to $150K USD revenue/year. Under the Freelance License Your account will be receive monthly Downloads which may be used to download LotPixel Assets from the Service.
5.3 The Indie License is provided for a single Permitted User doing commercial work as part of an entity earning up to $150K USD revenue/year. Under the Indıe License Your account will be receive monthly Downloads which may be used to download LotPixel Assets from the Service.
5.4 The Studio License is for entities using the Service for commercial purposes that earn more than $150K USD/year or require a custom number of Downloads, custom subscription duration, changes to Terms & Conditions, or other customizations. A Studio License can be project title specific or an ongoing annual subscription.
If you have questions regarding which license you qualify for, please contact LotPixel at [email protected].
5.5 Suspension of Account.
If LotPixel in its sole discretion deems that You are misusing Your license it may shut down access to the Service effective immediately and terminate this Agreement. Any prohibited use of the Service will result in termination of this Agreement and the License and an obligation for You to compensate LotPixel for any and all losses and damages which it incurs.
6.1 The Service is offered as a subscription and non-subscription based service. You can subscribe to the Service:
On an annual or monthly basis for Freelance and Indie Licenses;
On an annual basis for a Studio License, or if for a fixed term Studio License by payment of one-off upfront fee.
6.2 The fees for the Service are stated in the Service, on our Website, or otherwise notified to you in writing (“Fees”). Payment of the Fees provides You with Downloads. Downloads can be used to purchase LotPixel Assets available in the LotPixel Library and develop Customer Assets for use in Your Product. You may also at any time purchase additional Downloads to be used in the Service. The number of Downloads required to access a LotPixel Asset are on the Website. When you open an account you authorise LotPixel or its partners to charge your credit card, or use other forms of payment methods accepted by LotPixel, for the Fees in accordance with the payment terms (as may be amended by LotPixel or its partners from time to time).
6.3 LotPixel Downloads have no monetary value and do not constitute currency or property of any type. LotPixel Downloads may be redeemed for LotPixel Assets only. LotPixel Downloads cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for the LotPixel Assets. LotPixel Downloads are non-refundable. You are not entitled to a refund for any unused LotPixel Downloads.You can use your remaining credits at any time.
6.4 Once you have redeemed LotPixel Downloads for LotPixel Assets, those Assets are not returnable, exchangeable, or refundable for LotPixel Downloads or for cash, or other goods or services.
6.5 LotPixel and its partners reserve the right to change the Fees, the Download costs, the number of monthly Downloads per License, the payment terms, price of LotPixel Assets, the “Download” system to an alternative payment system any availability of LotPixel and its services etc. at any time without notice; provided, however, such changes will not affect the Fees paid or Downloads used and payment terms for any products and services already purchased and paid for in full.
6.6 All Fees are payable in advance and are not refundable in whole or in part, unless stated otherwise by LotPixel in writing or otherwise in accordance with this Agreement.
7.1 Please note that once You have ordered and paid for the Services, You have started consuming the Services, and You cannot disclaim the ordered Services, paid Points or demand return payment. You agree to fully pay any and all Fees for the Services purchased through Your account with any form of payment method accepted by Lotpixel. You are responsible for providing Lotpixel with valid credit card information to secure payments. Lotpixel reserves the right to cancel any Services ordered if any funds are insufficient, the credit card information You provide is not valid etc. Payments may be processed in cooperation with third party payment service providers. When You open an account, You authorize Lotpixel or its partners to charge Your credit card, or use other forms of payment methods accepted by Lotpixel, for the Fees in accordance with the payment terms. Lotpixel and its partners reserve the right to change the Fees, the Point costs, the payment terms, or any availability of the Services at any time without notice; provided, however, such changes will not affect the Fees paid or Points used and payment terms for any products and services already purchased and paid for in full. You are responsible for reviewing the EULA or the Services for any changes in the Fees, Points cost, or payment terms. If a change is unacceptable to You, You may, as Your sole and exclusive remedy, terminate and close Your account as described in the termination section below. You are responsible for paying all applicable taxes (including those taxes and tariffs Lotpixel or its partners are not required to collect) and for all hardware, software, Internet service costs and other costs You incur to access the Services.
7.2 Lotpixel may offer premium services. You are informed of the fees, charges and payment terms during the registration or purchase process. Lotpixel may also offer other services, either for one-time fees or for recurring fees. The current fees and payment terms may be viewed on the Lotpixel website (www.lotpixel.com) or in other locations as informed to You by Lotpixel and/or partners. Lotpixel and partners may amend the fees and payment terms at any time. All fees are in U.S. Dollars unless otherwise specified. If Your purchases etc. are subject to any type of applicable taxes, then Lotpixel and partners may also charge You for any such taxes.
7.3 American Express Bank requests payment in the currency of the country where the company is located. Due to exchange rate fluctuations, there may be changes in prices. If you are charged more than the specified fee, please contact us for a partial refund.
In consideration of the payment of the applicable Fees and subject to your compliance with these terms, LotPixel shall provide You with access to the Service and enable You to access and use the Service. If LotPixel is unable to process any applicable payment at any time, your access to the Service may be suspended or terminated at LotPixel's discretion.
Subject to the terms of this Agreement and your continued compliance with the applicable Freelance , Indie or Studio License, LotPixel grants You a limited, non-exclusive, revocable license that is non-sublicensable and non-transferable to access and use the Service to create Customer Assets.
The Service must only be used for creating Customer Assets which are integrated into your own unique creations such as images and animation of video games.
You must not sell, license or otherwise provide access to LotPixel Assets (modified or in original format) to third parties on a stand-alone or re-distributed manner which is the same or similar to that provided by LotPixel under this Agreement. This includes but is not limited to cloud rendering services, design software and games or any other service where the users of the services (a) have direct or indirect access to the files of LotPixel Assets or (b) where the players or users of that software or game are using LotPixel Assets to design rooms, architectural buildings or levels.
You must not use, allow another person to use or encourage any person to use or access LotPixel Assets for the purpose of any form of artificial intelligence, including but not limited to machine learning and neural networks, using the LotPixel Assets to learn from or mimic a LotPixel Asset in any way.
Any breach or attempted circumvention of this clause may result in immediate termination of this Agreement and/or access to the Service permanently suspended.
This Service enforces rules regarding the management and use of credits that are provided to users through agreements, rather than purchased directly on our site. It is strictly prohibited to share, transfer, or assign credits that have been granted to users through special agreements, promotions, or specific offers outside the conditions under which they were received. Such credits can only be utilized within the account of the user to whom they were directly granted, and their use is limited solely to accessing specific features, products, or services of our Service.
Users may not sell, license, rent, or in any way transfer these credits to another user. Furthermore, sharing any product, service, or benefit obtained through the use of these credits with third parties is also prohibited. Non-compliance with these rules may result in temporary or permanent exclusion from the Service and/or immediate termination of this Agreement.
Violation of this clause may lead to the suspension of your rights to use the Service or termination of this Agreement. In the event of such a violation, all necessary legal and administrative actions will be initiated immediately.
You agree that LotPixel may collect and use technical information and data gathered as part of the support services provided to You. For more information see the LotPixel Privacy Policy.
Harassment in any manner or form towards LotPixel employees, including via e-mail, chat, social media, or by use of obscene or abusive language, is strictly forbidden and will result in termination of this Agreement and the License and an obligation for You to compensate LotPixel for any and all losses and damages which it incurs.
14.1 Except for the Lotpixel Assets incorporated therein, any intellectual property right and title to Customer Assets shall where applicable become Your intellectual property. You grant Lotpixel an irrevocable, sublicensable, perpetual, worldwide, royalty-free right and license to use Customer Assets that have been publicly released solely for marketing and promotional purposes. You represent and warrant that You have all necessary rights to grant such licenses to Lotpixel. You represent and warrant that You own the content You create or otherwise have all licenses, rights, consents, and permissions necessary for the inclusion of such content within the Services and use of materials in the manner contemplated by Lotpixel and this Agreement.
14.2 Lotpixel owns all rights, titles, copyrights, and other intellectual property rights and interests, including but not limited to all trademarks, service marks, and trade names etc. in the Services, Lotpixel Assets, related software and material, any documentation, and any copies thereof and retains all such rights and any other products and services. Except as expressly granted in this Agreement, no license, right or interest in any Lotpixel or Lotpixel patent, trademark, copyright, trade name or service mark is granted hereunder. The Services are licensed, not sold. Except as expressly authorized by Lotpixel, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works or competing products or services from, or otherwise make unauthorized use of the Services, Licensed Assets, or other Materials. You agree not to assert against Lotpixel any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights. You are not required to provide any ideas, feedback or suggestions regarding the Services or any of Lotpixel’sproducts or services (collectively, “Feedback”) to Lotpixel. To the extent You do provide any Feedback to Lotpixel, You agree to assign and hereby do assign all right, title and interest in and to such Feedback to Lotpixel and acknowledge that Lotpixel may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to You.
By using the Service You may generate Customer Assets. Except for the LotPixel Service materials contained therein, any intellectual property right and title to Customer Assets are Customer intellectual property.
16.1 You agree to abide by all applicable laws and regulations in using the Service.
16.2 You agree not to:
Attempt to reverse engineer, decompile, translate, or disassemble the Service or related software or materials;
Rent, lease, or transfer the Service, or related software or materials;
Disclose the results of any performance benchmarks of the Service or related software or materials to any third party without LotPixel's prior written consent;
Use the Service for any illegal purpose;
Use the Service in any manner which violates the rights of a third party, including without limitation intellectual property rights;
Use the Service in any manner that breaches the EULA; or
Take any action that imposes an unreasonable or disproportionately large load on the Service, System or servers etc.
16.3 You may not without specific prior written consent from LotPixel:
use your own or third-party software to modify any content appearing within the Service or its environment or change how the Service is used;
or
Use the Service or any information accessible through the System, to bypass the System login architecture or create or provide any other means through which the System may be accessed and/or the Services may be used by others.
You consent to receiving communications necessary to provide the Service to You from us electronically. We will communicate with You by email or by posting notices in the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18.1 The term of this EULA and the license granted herein shall begin on the Start Date, as defined above, and shall be ongoing until terminated. You can terminate Your license at any time by registering such termination on the Lotpixel webpage, www.lotpixel.com. Lotpixel may terminate the Agreement by providing written notice if you materially breach any provision of this Agreement and the breach is not curable or, if it is curable, you fail to cure the breach within thirty (30) days of notice of the breach from Lotpixel. Without limiting the foregoing, your failure to make any payment due under this Agreement or breach of any restriction under the Lotpixel Licenses constitutes a material breach of this Agreement.
18.2 Termination of the EULA will result in Your account being deactivated and Your license being terminated. Upon termination of this agreement You shall (i) immediately cease use of the Services and (ii) destroy all copies of the Services, plug-ins etc. within Your possession and any item containing confidential information, and all of its component parts, within Your possession, unless Your use is otherwise specifically permitted by Lotpixel. You will not receive a refund of prepaid Fees or purchased Points.
You acknowledge that Service, related materials and any documentation etc., contains confidential and proprietary information. You agree to maintain the confidentiality of the Service and related materials and documentation during the term of this EULA, and for a period of 5 years after termination of this EULA. You agree to take commercially reasonable steps to ensure that confidential information is not disclosed or distributed by You.
20.1 LotPixel makes no representation or warranty as to the completeness or accuracy of the services or information contained therein, nor does it represent or warrant that the services will be available at all times or that it will function in a manner or as fast or efficient as you may expect or desire. The information contained in the services may be incomplete, may contain errors, or become out of date at any time. The services are provided on an “as is” basis without any express warranties. LotPixel shall have no obligation to correct errors in, provide updates for, or otherwise support the services. LotPixel reserves the right to add, modify, or delete its services at any time. LotPixel does not give any express, implied, or statutory representations, warranties, guarantees, or conditions. LotPixel also excludes all implied warranties, including any warranty of merchantability, title, durability, fitness for a particular purpose, and non-infringement. Nothing in this agreement shall affect those statutory rights which you may be entitled to as a consumer and that you cannot contractually agree to alter or waive. The limitations and exclusions of liability do not apply if and to the extent you sustain damages which were caused by gross negligence or willful misconduct of LotPixel.
20.2 Under no circumstances including negligence (unless otherwise required by applicable law), shall LotPixel be liable for any direct, indirect, punitive, special, incidental, or consequential damages that result from your use of LotPixel or related documentation or in connection with or arising out of or relating to this agreement (including loss of business, revenue, profits, use, data, or other economic advantage), even if any exclusive remedy provided for in this agreement fails of its essential purpose and even if LotPixel or a LotPixel authorized representative has been advised of the possibility of such damages.
20.3 Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of LotPixel and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder shall be limited to the actual damages you incur in reasonable reliance on LotPixel up to the amount actually paid by you for the services in the 12 months immediately preceding the first events giving rise to such liability. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. LotPixel shall have no liability to you in the event that you have failed to comply with the terms of this agreement.
You agree to defend, indemnify, and hold harmless Lotpixel, its parents and affiliates, partners, and their respective employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of Your use or misuse of the Services, the Licensed Assets, or the rights granted under this Agreement. You agree that Lotpixel may seek and shall be entitled to injunctive, equitable, or other similar relief to protect, maintain, defend, enforce, and preserve its rights, in addition to any other available remedies without the necessity of posting a bond.
22.1 Modification: Lotpixel reserves the right, at its discretion, to update or revise the EULA at any time. Lotpixel will post such changes in the Services, and/or its Website, and/or communicate such changes via electronic mail or otherwise communicate such terms to You in a suitable manner decided by Lotpixel and these additional or revised terms will become part of the EULA effective immediately. Please check the Services, the EULA or the Website periodically for changes. Your continued use of the Services constitutes Your binding acceptance of the EULA, including any changes or modifications made by Lotpixel as permitted above.
22.2 Waiver: A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
22.3 Severability: If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions which shall continue in full force and effect.
22.4 Assignment: You shall not, without the prior written consent of Lotpixel, assign, transfer, charge, sub-contract, license or deal in any other manner with all or any of Your rights or obligations under this EULA. Lotpixel may at any time assign, transfer, charge, sub- contract or deal in any other manner with all or any of its rights or obligations under this EULA without notice to You.
22.5 No Partnership: This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between Lotpixel and You. Neither party hereto shall have any right to obligate or bind the other party in any manner whatsoever, and nothing herein contained shall give, or is intended to give, any rights of any kind to any third persons.
22.6 Credits in The Products: You shall use best efforts to include the Lotpixel logo and credits in the Product, PR materials etc.
22.7 Entire Agreement: This EULA constitutes the entire agreement between the parties with respect to this specific subject matter hereof and shall not be modified except as provided in this Agreement.
