Dream & Pixel | Terms & Conditions

a division of MCXI Studio, LLC

Terms & Conditions

Last updated: 10/04/2024

These Terms of Service ("Terms") govern your use of the services provided by Dream & Pixel, a division of MCXI Studio, LLC a Texas limited liability company. All legal and contractual obligations under these Terms are the responsibility of MCXI Studio, LLC. References to Dream & Pixel herein shall be understood as references to MCXI Studio, LLC for all legal and contractual purposes. By accessing or using the services of Dream & Pixel ("we," "us," or "our"), whether personally or on behalf of an entity (“Client”), you agree to be bound by these Terms. This agreement constitutes a legally binding contract between MCXI Studio, LLC and the Client regarding the use of the Dream & Pixel website (the “Website”) and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. If you do not agree to these Terms, you are prohibited from using the Website and must discontinue use immediately.

1. User Representations

By using the Website, Client represents and warrants that: Client has the legal capacity and agrees to comply with these Terms of Use; Client is not a minor in the jurisdiction of their domicile; Client will not access the Website through automated or non-human means (whether a bot, script, or otherwise); Client will not use the Website for any illegal or unauthorized purpose; Client’s use of the Website will not violate any applicable law or regulation.

2. Subscription and Billing Terms

By subscribing, you agree to pay the recurring monthly fee according to the plan you chose. You authorize MCXI Studio, LLC to automatically charge your payment method on the same day each month. Your subscription will renew automatically at the end of each billing cycle unless you pause or cancel it. You can cancel at any time by logging into your Stripe Customer Portal, with cancellation effective at the end of your current billing cycle.

All services are provided on a prepaid monthly subscription basis. Payments must be made in advance of the start of each billing cycle. If payment is not received by the due date, your access to the services will be immediately suspended until full payment is made. Canceled payments may result in termination of your account.

MCXI Studio, LLC reserves the right to adjust subscription pricing. In the event of a subscription fee increase during your current subscription, MCXI Studio, LLC will notify you 30 days in advance of the changes. At that time, MCXI Studio, LLC will cancel any recurring payments associated with your current subscription and offer you the option to rejoin at the new subscription fee. You will receive an additional email one week before the end of your current billing cycle to remind you of the pricing change. If you choose to continue your subscription, you must re-subscribe at the new price. If you do not re-subscribe, your access to the service will end at the conclusion of your current billing cycle. By re-subscribing, you agree to the new pricing terms. If you do not agree with the updated pricing, you may simply allow your subscription to lapse without further action.

3. Services NOT Included in any Subscription Plan

The following requests are considered expanded services or custom narrative design projects, which are not included with any of the subscription plans:

Motion design exceeding 15 seconds
Character design with backstories
Narrative design services for large productions
Development of overarching brand narratives for marketing campaigns
Full brand development, including brand purpose, mission, and visual identity (e.g., logos, cohesive social media materials)

For Clients requiring expanded services or specialized services with narrative design, please contact us directly at MCXIStudio@gmail.com to review the project details and receive a customized quote.

4. Pausing Your Subscription

You can pause your subscription at any time, and any remaining days in your current billing cycle will be saved—no refunds are given for the paused time. To pause or reactivate your subscription, contact us via email at team@dreamandpixel.com or message us via your Trello account. When you resume, your subscription will continue from where you left off, and billing will restart only after the saved days are used. If you cancel while paused, no further charges will apply, though no refunds will be issued for unused time. The pause option is available to subscribers who are current on their payments.

5. Canceling Your Subscription

You may cancel your subscription at any time by accessing your Stripe Customer Portal. To cancel, simply Log in to your Stripe Account to manage your subscription. Cancellation will take effect at the end of your current billing cycle, and you will retain access to the service until the period ends. No refunds will be issued for any unused portion of the billing cycle.

It is your responsibility to cancel before the next billing cycle to avoid further charges. If you need assistance with cancellation, please contact us at team@dreamandpixel.com.

6. Rejoining Services

If a Client terminates services and later wishes to return, MCXI Studio, LLC cannot guarantee that the original pricing will still apply. Prices may increase in the future, and returning Clients will be subject to the current rates at the time of reengagement.

7. Returns and Refunds

No refunds or credits will be issued for any partial periods unless stated otherwise.

Refund requests are assessed on a case-by-case basis.

MCXI Studio, LLC reserves the right to deny refunds at its sole discretion.

Should a refund be approved, a 30% fee will apply to the remaining billable period.

MCXI Studio, LLC reserves the right to take appropriate legal action against client for breach of this paragraph.

8. Ownership of Materials

Upon full payment, Client will own all rights to the final design outputs and original image files created by Dream & Pixel, a division of MCXI Studio, LLC (the “Projects”). This includes full copyright ownership and control over how the Projects are used. However, MCXI Studio, LLC retains ownership of certain technical elements used in the creation process, such as keyframes, splines, plugins, presets, templates, custom scripts, proprietary animation techniques (the “Technical Components”), and the source files they are stored in. These Technical Components are MCXI Studio, LLC’s intellectual property and may be reused in future projects. This retention does not affect the Client’s full ownership or usage rights of the final Project. Client warrants that any and all materials provided to Dream & Pixel (a division of MCXI Studio, LLC) as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including but not limited to all intellectual property rights and any right of publicity. MCXI Studio, LLC reserves the right to showcase the Client's design work publicly (e.g., social media, website), unless otherwise agreed upon as outlined in section 13.

9. Modification of the Website

MCXI Studio, LLC reserves the right to change, alter, modify, amend, or remove any content or feature on the Website for any reason at its sole discretion. MCXI Studio, LLC also reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client.

10. Temporary Service Interruption

MCXI Studio, LLC reserves the right to temporarily pause any Client's subscription or services due to significant operational circumstances, such as severe and/or widespread illness or other unforeseen issues. In such cases, MCXI Studio, LLC will notify the Client in advance of the pause, providing clear communication regarding the expected duration and any potential impact on deliverables or timelines. During this time, the Client’s subscription will be paused by MCXI Studio, LLC, and no additional costs will be incurred. The subscription will resume once services are restored, with no loss of paid time or added charges for the duration of the pause.

11. Unforeseen Events and Force Majeure

MCXI Studio, LLC does not guarantee or warrant that the Website will be available and accessible at all times. Issues such as hardware failures, software bugs, or other technical factors may result in interruptions, delays, or errors beyond MCXI Studio, LLC’s control. Client agrees that MCXI Studio, LLC shall not be liable for any loss, damage, or inconvenience caused by Client’s inability to access or use the Website during any interruption in service. Additionally, MCXI Studio, LLC shall not be liable for any failure to perform its obligations under this Agreement if such failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, pandemics, governmental restrictions, or natural disasters (collectively referred to as "Force Majeure Events"). In the event of a Force Majeure Event, MCXI Studio, LLC will make reasonable efforts to resume services as soon as practicable.

12. Termination Conditions

MCXI Studio, LLC reserves the right to terminate any subscription plan agreement and drop a Client for any reason, at its sole discretion, with at least 24 hours written notice via email. Termination will not require the Client to cease using any assets already delivered. If the termination is due to Client’s violation of terms, the Client may be held liable for damages, and MCXI Studio, LLC reserves the right to take legal action.

13. Client Feedback

Client acknowledges and agrees that any questions, comments, suggestions, or other feedback provided to MCXI Studio, LLC through email, Trello, or any form of online communication may be used by MCXI Studio, LLC at its discretion for lawful purposes, including improving services or showcasing positive experiences. While MCXI Studio, LLC is under no obligation to keep such feedback confidential, it will be handled respectfully. MCXI Studio, LLC shall be the sole and exclusive owner of all rights related to the feedback and may use it without permission, acknowledgment, or compensation to the Client. By providing feedback, the Client confirms they have the right to do so and waives any claims related to its use.

14. Right to Use and Showcase Work

By engaging MCXI Studio, LLC for design and creative services, the client grants MCXI Studio, LLC and its subdivisions such as Dream & Pixel, etc. an irrevocable, perpetual, worldwide, non-exclusive, royalty-free right to use, display, and share any work created for the client for promotional, marketing, and advertising purposes. This includes but is not limited to showcasing the work on MCXI Studio’s websites, social media accounts, and the websites and social media accounts of any subdivisions or associated brands, as well as in printed materials or any other media channels.

The client acknowledges that MCXI Studio, LLC may tag the client’s social media accounts when sharing the work online. Should the client wish to restrict specific work from being shared, such restrictions must be requested and agreed upon in writing via email prior to the commencement of the project.

In the absence of such written agreement, MCXI Studio, LLC retains full discretion to publicly share and promote the work created for the client across all its digital and physical marketing platforms, including those of any subdivisions or associated brands.

15. Prohibited Activities

Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by MCXI Studio, LLC on behalf of the Client. Further, Client agrees to refrain from the following: Make any unauthorized use of the Website; Retrieve data or content for the purpose of creating or compiling a database or directory; Circumvent, disable, or otherwise interfere with security-related features on the Website; Engage in unauthorized framing or linking of the Website; Trick, defraud, or mislead MCXI Studio, LLC or other users; Interfere with, disrupt, or create an undue burden on the Website or MCXI Studio, LLC’s networks or servers; Use the Website in an effort to compete with MCXI Studio, LLC; Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof; Harass, annoy, intimidate, or threaten any of MCXI Studio, LLC’s employees, independent contractors, or agents providing services through the Website; Delete any copyright or other rights notice from any Content; Copy or adapt the Website’s software; Upload or transmit, or attempt to do so, viruses, Trojan horses, or other harmful material that interferes with any party’s use of the Website or modifies, impairs, disrupts, or interferes with the use or maintenance of the Website; Upload or transmit any material that acts as a passive or active information collection or transmission mechanism; Disparage, tarnish, or otherwise harm MCXI Studio, LLC’s reputation; Use the Website in a manner inconsistent with any applicable laws, statutes, or regulations.

16. Management and Oversight

MCXI Studio, LLC reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. MCXI Studio, LLC further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of MCXI Studio, LLC, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of MCXI Studio, LLC and shall be designed to protect MCXI Studio, LLC’s rights and property.

17. Intellectual Property Rights

17.1 Use of Speculative and Recreated Work in Demo Reel

Certain content displayed in the demo reel or other materials on this website is speculative in nature and created solely for illustrative and demonstration purposes. This content may include recreated or simulated versions of well-known advertisements, brands, or campaigns. MCXI Studio, LLC does not claim any affiliation, sponsorship, or endorsement by the original creators or owners of this content, including but not limited to Apple, Subaru, Consumer Reports, Marvel Snap, HEB, Valentino, or any other brands or entities mentioned. These recreated works are intended to demonstrate MCXI Studio, LLC design and motion graphic capabilities and are not intended to represent work done for these brands. Any logos, trademarks, or copyrighted material referenced or depicted within the recreated content are the property of their respective owners and are used here strictly for illustrative purposes. No part of these recreated works may be copied, reproduced, or exploited for any commercial purposes without the consent of the intellectual property owners of the original content. MCXI Studio, LLC respects the rights of all copyright and trademark holders, and if you are the owner of any content depicted in the demo reel and have concerns regarding its use, please contact MCXI Studio, LLC at MCXIStudio@gmail.com, and the material will be promptly removed or appropriately attributed.

17.2 Ownership of Website Content

Unless otherwise indicated, the Website is the property of MCXI Studio, LLC and all source code, databases, functionality, software, designs, audio, video, text, photographs, animations, and graphics of any nature and regardless of format (collectively or individually, the “Content”), and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by MCXI Studio, LLC and are protected by copyright and trademark laws and other applicable intellectual property laws or regulations of the United States and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without MCXI Studio, LLC’s express prior written permission. MCXI Studio, LLC reserves all rights in the Website, Content, and Marks.

18. Privacy Policy

By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. MCXI Studio, LLC does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to MCXI Studio, LLC without parental consent, MCXI Studio, LLC shall delete that information as soon as reasonably practical.

19. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law principals.

20. Litigation

Any legal action arising from or relating to these Terms shall be brought exclusively in the state courts of Hidalgo County, Texas or in the United States District Court for the Southern District of Texas. The parties hereby consent to the personal jurisdiction of these courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act are expressly excluded and do not apply to these Terms.

21. Disclaimer

The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. MCXI Studio, LLC disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. MCXI Studio, LLC makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and MCXI Studio, LLC assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of MCXI Studio, LLC’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. MCXI Studio, LLC does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.

22. Limitations of Liability and Indemnification

To the fullest extent permitted by law, MCXI Studio, LLC, including its directors, employees, members, agents, contractors, affiliates, and subsidiaries, shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits, lost revenue, lost data, attorneys' fees, court costs, fines, or other losses arising out of or related to: (1) the use or inability to use MCXI Studio, LLC's services, website, or any associated assets; (2) any errors, omissions, or inaccuracies in the services or content; (3) any third-party claims related to the Client’s use of the services; or (4) any breach of these Terms by the Client. In no event shall MCXI Studio, LLC's total liability exceed the amount of the Client’s most recent monthly subscription fee.

The Client is solely responsible for ensuring compliance with all applicable laws and regulations in the use of MCXI Studio, LLC's services or assets. MCXI Studio, LLC shall not be liable for any misuse of the services or assets or any legal issues arising from their use.

The Client agrees to defend, indemnify, and hold harmless MCXI Studio, LLC, including its subsidiaries, affiliates, officers, directors, employees, contractors, agents, and partners, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) the Client’s use of the services or website; (2) breach of these Terms by the Client; (3) any breach of the Client’s representations or warranties; or (4) the Client’s violation of any third-party rights, including intellectual property rights.

Notwithstanding the foregoing, MCXI Studio, LLC reserves the right, at the Client’s expense, to assume control of the defense of any matter subject to indemnification by the Client. The Client agrees to cooperate fully with MCXI Studio, LLC in asserting any available defenses in such cases.

23. User Data

Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. MCXI Studio, LLC shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against MCXI Studio, LLC from any such loss or corruption.

24. Electronic Communications, Transactions, and Signatures

Client hereby consents to receive electronic communications from MCXI Studio, LLC and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by MCXI Studio, LLC or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

25. Miscellaneous

These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and MCXI Studio, LLC. Failure of MCXI Studio, LLC to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and MCXI Studio, LLC.

26. Contact Information

For any questions or complaints, please contact MCXI Studio, LLC at: MCXIstudio@gmail.com.