Terms of Service

Last Updated: January 14, 2026 

1. ACCEPTANCE OF TERMS 

Please read these Terms of Service (“Terms,” “Terms of Service,” or “Agreement”) carefully and in their entirety before using https://mbdowntown.org/ (the “Website”) or participating in any programs, events, or services offered by Myrtle Beach Downtown Alliance (“MBDA,” “we,” “our,” or “us”). 

By accessing or using our Website, registering for our events, participating in our programs, or engaging with our services in any way, you (“User,” “you,” or “your”) agree to be bound by these Terms of Service. Your access and/or use constitutes your voluntary acceptance to be bound by these Terms, whether you have read them or have had the opportunity to read them and have chosen not to. 

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR WEBSITE OR PARTICIPATE IN OUR EVENTS, PROGRAMS, OR SERVICES. 

2. AGE RESTRICTIONS 

This Website is not intended for persons under the age of 18. If you are under the age of 18, you may not use or view this Website without the supervision and consent of a parent or legal guardian. 

Certain events and programs may have specific age requirements or restrictions, which will be clearly stated in the event or program details. It is your responsibility to comply with all age restrictions. 

3. PRIVACY POLICY 

We respect your privacy and permit you to control the treatment of your personal information. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. 

Please read our Privacy Policy carefully. By using our Website or services, you consent to the collection and use of your information as described in our Privacy Policy. 

4. MODIFICATIONS TO TERMS 

We reserve the right to change, modify, or update these Terms of Service at any time. We will notify you of any material changes by: 

• Posting a prominent notice on our Website at least 10 days prior to implementing the change 
• Updating the “Last Updated” date at the top of this document 
• Sending email notification to registered users (when applicable) 

We recommend that you check these Terms of Service when you visit our Website to ensure that you are aware of our most current terms. Your continued use of our Website or services after any changes constitutes your acceptance of the updated Terms of Service. 

5. PERMITTED USE OF WEBSITE 

A. License Grant 

MBDA grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Website solely for your personal, non-commercial use in accordance with these Terms of Service. 

B. Prohibited Uses 

You agree that you will NOT: 

• Use our Website for any unlawful purpose or in violation of any local, state, national, or international law 
• Access content or data not intended for you, or log onto a server or account that you are not authorized to access 
• Attempt to probe, scan, or test the vulnerability of our Website or any associated system or network, or breach security or authentication measures without proper authorization 
• Interfere with or attempt to interfere with service to any user, host, or network, including by submitting a virus, overloading, flooding, spamming, mail bombing, or crashing 
• Use our Website to send unsolicited email, including promotions or advertisements for products or services 
• Forge any TCP/IP packet header or any part of the header information in any email or posting 
• Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce to human-perceivable form any of the source code used by MBDA 
• Collect or harvest any personally identifiable information from our Website 
• Use any robot, spider, scraper, or other automated means to access our Website 
• Impersonate or misrepresent your affiliation with any person or entity 

You understand that any violation of system or network security may subject you to civil and/or criminal liability. MBDA intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws. 

6. INTELLECTUAL PROPERTY RIGHTS 

A. Ownership 

All content, materials, and resources on our Website, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, digital downloads, data compilations, software, design elements, and the compilation thereof (collectively, “Content”), are the proprietary property of MBDA or its content suppliers and are protected by United States and international intellectual property laws. 

The MBDA name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MBDA. You may not use such marks without our prior written permission. 

B. Limited License 

You may view, copy, download, and print Content from our Website solely for your personal, non-commercial use, provided that you: 

• Do not modify or alter the Content in any way 
• Do not remove any copyright, trademark, or other proprietary notices 
• Provide proper attribution to MBDA when sharing 

Any other use of Content, including reproduction, modification, distribution, transmission, republication, display, or performance, is strictly prohibited without our prior written consent. 

C. Social Media Sharing 

While we encourage the sharing of our Content via social media, the use of social sharing buttons, plug-ins, and widgets does not constitute a waiver of MBDA’s intellectual property rights. Such use is a limited license to republish our Content on approved social media channels with full credit to MBDA. 

D. Photography and Video at Events 

By attending MBDA events (including but not limited to F1rst Friday ArtWalk, concerts, festivals, and other public programs), you acknowledge and agree that: 

• MBDA and its authorized representatives may photograph, film, or record your image, likeness, and voice 
• MBDA may use such photographs, films, and recordings for promotional, marketing, educational, and other purposes in any media (including social media, website, print materials, and advertising) 
• You waive any right to inspect or approve the finished product or any use thereof 
• You waive any right to royalties or other compensation arising from the use of such materials 
• You release MBDA from any claims related to the use of your image, likeness, or voice 

If you do not wish to be photographed or recorded, please notify MBDA staff at the event, and we will make reasonable efforts to accommodate your request. 

7. USER-GENERATED CONTENT 

A. Your License to Us 

When you submit any post, comment, image, testimonial, review, or other content that you upload, publish, or display on or through our Website, social media pages, or at our events (“User Content”), you grant to MBDA a perpetual, non-exclusive, royalty-free, worldwide license to: 

• Use, copy, reproduce, distribute, transmit, display, and perform such User Content 
• Create derivative works from such User Content 
• Incorporate such User Content into other works in any format or medium 
• Use such User Content for promotional, marketing, educational, and other lawful purposes 

You retain ownership of your User Content and the right to remove it at any time. However, if you remove your User Content, the license granted to MBDA continues to the extent that any User Content has been incorporated into our materials or shared with third parties. 

B. User Content Standards 

You represent and warrant that any User Content you submit: 

• Is owned by you or you have the right to grant the license described above 
• Does not infringe any intellectual property rights of any third party 
• Does not violate any law or regulation 
• Is not harmful, threatening, defamatory, abusive, harassing, obscene, vulgar, hateful, pornographic, or otherwise objectionable 
• Does not advocate or encourage conduct that could constitute a criminal offense or give rise to civil liability 
• Does not contain unsolicited advertising or promotional materials 

MBDA reserves the right, but has no obligation, to monitor, review, edit, or remove any User Content that violates these Terms or that we deem inappropriate for any reason. 

8. EVENTS AND PROGRAMS 

A. Event Registration and Participation 

Registration for MBDA events and programs may be required. By registering, you agree to: 

• Provide accurate, current, and complete information 
• Maintain and update your information to keep it accurate, current, and complete 
• Comply with all event-specific rules, guidelines, and requirements 
• Respect other attendees, vendors, artists, and MBDA staff and volunteers 

MBDA reserves the right to refuse or cancel registration for any event or program for any reason, including but not limited to violation of these Terms, inappropriate behavior, or capacity limitations. 

B. Vendor and Artist Participation 

Vendors and artists participating in MBDA events (including F1rst Friday ArtWalk) must: 

• Complete all required registration forms and provide accurate information 
• Comply with all applicable laws, regulations, and permit requirements 
• Maintain appropriate insurance coverage 
• Follow event setup, operation, and breakdown guidelines 
• Conduct business in a professional and courteous manner 
• Be responsible for their own equipment, inventory, and materials 

MBDA reserves the right to approve or deny vendor and artist applications, reassign locations, and remove vendors or artists who violate event guidelines or these Terms. 

C. Event Changes and Cancellations 

MBDA reserves the right to modify, postpone, or cancel any event or program for any reason, including but not limited to: 

• Weather conditions or other acts of nature 
• Public health emergencies 
• Safety or security concerns 
• Insufficient participation 
• Circumstances beyond our reasonable control 

In the event of cancellation or significant modification, MBDA will make reasonable efforts to notify registered participants. However, MBDA is not responsible for any costs, expenses, or damages incurred by participants due to event changes or cancellations. 

D. Refund Policy 

For paid events or programs: 

• All sales are final unless the event is canceled by MBDA 
• If MBDA cancels an event, registered participants will receive a full refund or credit toward a future event 
• If you are unable to attend an event, no refund will be provided unless otherwise specified in the event details 
• Refund processing may take 7-10 business days 

9. DISCLAIMERS AND WARRANTIES 

A. “As Is” Provision 

THE WEBSITE, CONTENT, EVENTS, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 

The information provided on our Website is believed to be accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, or complete. You agree that MBDA is not responsible for any errors or omissions in content. 

B. No Warranty of Availability 

MBDA does not warrant that: 

• Our Website will be uninterrupted, timely, secure, or error-free 
• The results obtained from using our Website will be accurate or reliable 
• Any errors in the Website will be corrected 
• The Website or servers are free of viruses or other harmful components 

The use of our Website or the downloading of any materials is done at your own discretion and risk. You are solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. 

C. Assumption of Risk 

By participating in MBDA events and programs, you acknowledge and agree that: 

• Participation involves inherent risks, including but not limited to risks of injury, property damage, or loss 
• You voluntarily assume all such risks 
• You are responsible for your own safety and the safety of your property 
• MBDA is not responsible for any personal injury, death, or property damage that may occur 

10. LIMITATION OF LIABILITY 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MBDA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SPONSORS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY: 

• INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES 
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES 
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE OUR WEBSITE, EVENTS, PROGRAMS, OR SERVICES 
• DAMAGES ARISING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA 
• DAMAGES ARISING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY 
• DAMAGES ARISING FROM ANY EVENT CANCELLATION, POSTPONEMENT, OR MODIFICATION 
• ANY OTHER MATTER RELATING TO OUR WEBSITE, EVENTS, PROGRAMS, OR SERVICES 

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MBDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

MBDA’S TOTAL CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR WEBSITE, EVENTS, PROGRAMS, OR SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). 

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, some of the above exclusions and limitations may not apply to you. In such cases, MBDA’s liability will be limited to the greatest extent permitted by law. 

11. INDEMNIFICATION 

You agree to defend, indemnify, and hold harmless MBDA and its directors, officers, employees, agents, partners, sponsors, affiliates, and volunteers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: 

• Your use of or access to our Website, events, programs, or services 
• Your violation of these Terms of Service 
• Your violation of any third-party rights, including intellectual property, privacy, or other proprietary rights 
• Any User Content you submit, post, or transmit 
• Your conduct at any MBDA event or in connection with any MBDA program 
• Any allegation that any User Content or materials you provide infringe or misappropriate any third-party intellectual property rights 

Should MBDA be required to defend itself in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge. 

This indemnification obligation will survive the termination of these Terms and your use of our Website and services. 

12. THIRD-PARTY LINKS AND CONTENT 

Our Website may contain links to third-party websites, including websites of our sponsors, partners, vendors, and local businesses. These links are provided for your convenience and information only. 

MBDA has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. We make no warranty of any kind, whether express or implied, regarding: 

• The content, availability, or accuracy of third-party websites 
• Any products or services offered through third-party websites 
• The privacy or data collection practices of third-party websites 

By clicking on a link to a third-party website, you acknowledge that: 

• You are leaving our Website 
• You are doing so of your own discretion, volition, and at your own risk 
• The privacy policies and terms of service on third-party websites may differ from ours 
• MBDA is not liable for any damage, loss, or injury caused by your access to or use of third-party websites 

We strongly encourage you to read the privacy policies and terms of service of every third-party website you visit. 

13. TESTIMONIALS AND ENDORSEMENTS 

Our Website may feature testimonials, reviews, or endorsements from participants, vendors, sponsors, and community members. These testimonials represent the individual experiences and opinions of those persons and are provided for informational purposes only. 

Testimonials are not guarantees of similar results or experiences. Your experience may differ. We make no representations or warranties regarding the accuracy, completeness, or applicability of any testimonials. 

Any reference to or link to other companies, events, services, or products on our Website does not constitute an endorsement or guarantee of satisfaction with those companies, events, services, or products. You must use your own judgment to determine whether any referenced companies, events, services, or products would be beneficial to you. 

14. SPONSOR AND PARTNER RELATIONSHIPS 

MBDA works with various sponsors, partners, and affiliates to support our mission of downtown revitalization. We may receive financial compensation, in-kind contributions, or other forms of support from our sponsors and partners. 

When we promote or feature sponsor products, services, or events, you acknowledge that: 

• MBDA may have a financial or other relationship with the sponsor or partner 
• You must use your own judgment to determine whether to engage with or purchase from sponsors or partners 
• MBDA is not liable for any dissatisfaction with sponsor or partner products, services, or events 
• You agree to indemnify and hold MBDA harmless should you become dissatisfied with any sponsor or partner relationship 

15. TERMINATION 

MBDA reserves the right to terminate or suspend your access to our Website, events, programs, or services, in whole or in part, at any time, for any reason or no reason, with or without notice, including but not limited to: 

• Violation of these Terms of Service 
• Violation of any applicable law or regulation 
• Inappropriate conduct or behavior 
• Fraudulent, abusive, or illegal activity 
• At our sole discretion 

Upon termination, your right to use our Website and participate in our events and programs will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. 

16. GOVERNING LAW AND DISPUTE RESOLUTION 

A. Governing Law 

These Terms of Service shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law principles. 

B. Jurisdiction and Venue 

Any legal action, suit, or proceeding arising out of or relating to these Terms or your use of our Website, events, programs, or services must be instituted exclusively in the state or federal courts located in Horry County, South Carolina. You waive any objection to venue in such courts and any claim that such courts are an inconvenient forum. 

By using our Website or participating in our events, programs, or services, you submit to the exclusive jurisdiction of these courts and waive any defense of forum non conveniens. 

C. Attorney’s Fees 

In the event that MBDA must make a claim for any breach of these Terms by negotiation, litigation, mediation, or arbitration, MBDA shall be entitled to recover reasonable attorney’s fees and costs incurred in enforcing these Terms. 

17. MISCELLANEOUS PROVISIONS 

A. Entire Agreement 

These Terms of Service, together with our Privacy Policy and any event-specific terms or agreements, constitute the entire agreement between you and MBDA regarding your use of our Website, events, programs, and services, and supersede all prior or contemporaneous communications, agreements, or understandings, whether written or oral. 

B. Severability 

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions, which shall remain in full force and effect. 

C. Waiver 

MBDA’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of MBDA. 

D. Assignment 

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without MBDA’s prior written consent. MBDA may assign these Terms at any time without notice. Any attempted assignment in violation of this provision is void. 

E. No Agency Relationship 

No agency, partnership, joint venture, or employment relationship is created between you and MBDA as a result of these Terms or your use of our Website, events, programs, or services. 

F. Headings 

The headings in these Terms are for convenience only and have no legal or contractual effect. 

G. Force Majeure 

MBDA shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond MBDA’s reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, natural disasters, pandemic, epidemic, governmental acts or restrictions, or any other similar causes. 

18. CONTACT INFORMATION 

If you have any questions, concerns, or comments about these Terms of Service, please contact us: 

Myrtle Beach Downtown Alliance 

522 Broadway Street 

Myrtle Beach, South Carolina 29577 

Email: info@mbdowntown.org 

Phone: 843-839-0129 

ACKNOWLEDGMENT 

BY USING OUR WEBSITE, PARTICIPATING IN OUR EVENTS, OR ENGAGING WITH OUR PROGRAMS AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. 

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END OF TERMS OF SERVICE