CYPHERCON LLC, SecretCon, Solano BSidesMKE, or CultCon Ticket Terms and Conditions, Waiver, and Release Form
(“Terms and Conditions”)

In consideration of being allowed to participate in and attend the CYPHERCON LLC, SecretCon, Solano BSidesMKE, or CultCon event (the “Event” or the “CypherCon Event” or the “CultCon Event”), I agree to comply with any and all rules, regulations, terms, and conditions of the Event, including but not limited to the following:

I certify that I am physically able to participate in the Event and in any associated activity or performance, and that I have not been advised otherwise by a qualified medical professional. 

I acknowledge and fully understand that as a participant, purchasing a ticket, or by submitting a form on the website you agree to review the FAQ and agree to not take photos, give any interviews, public opinions, or public critiques about CypherCon in any form including blogs, Twitter, Facebook, Instagram or any other social networking without the written and direct permission of the event organizer. Accordingly, the participate agrees that in the event of breach of this agreement, individual shall pay company, upon demand, as liquidated damage, the sum of one million dollars, plus any actual out-of-pocket expense, as well as any attorney fees expended in enforcing this Agreement. Any patron who is unable or unwilling to agree and/or sign the agreement will not be allowed to enter.

I acknowledge and fully understand that as a participant, I will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions, or negligence of the organizers of the  Event, i.e., and its officers, directors, employees, agents, representatives, volunteers, contractors, and/or affiliates and/or participants in the Event; (b) conditions of the premises or equipment used; (c) rules and regulations regarding the activities; (d) temperature; (e) weather; (f) condition of participants; (g) the widespread use by participants and by fire, pyrotechnics, flame effects, explosions, and other similar activities; and (h) vehicular traffic. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY, OR DEATH, WHICH MAY OCCUR BY ATTENDING THE 2024 EVENT, AND HEREBY FOREVER RELEASE, DISCHARGE, AND HOLD CYPHERCON LLC HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF CYPHERCON LLC, OR FROM THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.

I understand that during the Event, digital or art installations, events, and performances will be held and/or on display, and I understand that most of these activities are not directly operated by CYPHERCON LLC. I ASSUME ALL RISK OF INJURY OR DEATH ARISING FROM THE OPERATION OF AND/OR MY PARTICIPATION IN ANY OF THESE ACTIVITIES, AND THE RELEASE IN SECTION 2 APPLIES TO ANY RELATED INJURY I MIGHT SUSTAIN.

I understand that COVID-19 is an extremely contagious disease that can cause severe illness and death. I understand that this Event may be subject to enhanced health and safety measures, and I agree to comply with all health and safety requirements imposed by CYPHERCON LLC or any government agency with jurisdiction over the Event. I agree to carefully review all current health and safety requirements published on the venue website prior to my departure for the Event. If I do not comply with these requirements, I may be denied entry into the Event or be required to leave the Event and will not receive a refund for my ticket and/or pass. I understand that there is a risk of exposure to COVID-19 or other communicable diseases at any public gathering like the Event regardless of any enhanced health and safety measures and my test/vaccination status. BY ENTERING THE EVENT SITE, I KNOWINGLY AND VOLUNTARILY ASSUME THE RISK THAT I MAY BE EXPOSED TO OR INFECTED BY COVID-19 OR ANOTHER COMMUNICABLE DISEASE OR ILLNESS, AND/OR THAT I MAY EXPOSE OR INFECT OTHERS, AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, AND/OR DEATH. I accept sole responsibility for any claims arising from or related to my participation in the Event, including any exposure to COVID-19 or health and safety requirements at the Event site, and I agree that the waiver of liability and release set forth in Section 5 of these Terms and Conditions applies to any claim relating to COVID-19 or any other communicable disease.

I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby waive, release, discharge, and agree not to sue CYPHERCON LLC and other participants, sponsors, and if applicable, owners and lessors of equipment, art installations, and premises used to conduct the Event or related activities (collectively the “Releasees”), from any and all claims for damages, injuries, losses, liabilities, and expenses that I may have or that may subsequently accrue to me relating to, resulting from, or arising out of my participation in the Event, including in any programs, events, art installations, or activities at the Event, and including any injury or damage to my person or property, or to that of any other person or property. If CYPHERCON LLC files a claim against me, however, I may file a counterclaim related to the same facts and circumstances. I agree to indemnify, defend, and hold the Releasees harmless from and against any and all claims by third parties for damages, injuries, losses, liabilities, and expenses relating to, resulting from, or arising out of my participation in the Event, including in any programs, events, art installations, or activities at the Event. I intend that the waiver and release of liability contained in these Terms and Conditions shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

CYPHERCON LLC’s Media Policy. By entering the Event, all participants agree to the following terms, conditions, and guidelines for the use of any imagery and recorded content obtained at the Event, including still photographs, videos, sound recordings, or any other medium now known or hereafter devised (hereinafter “Event Content”). Cameras may be welcomed at the Event and have long been an important part of CYPHERCON LLC storytelling history. CYPHERCON LLC monitors dissemination of Event Content for two primary reasons: (1) to preserve the Principle of PRIVACY, one of CYPHERCON LLC’s main principles, by ensuring that photographs, videos, sound recordings, and other media from the Event are not used for advertising or commercial purposes; and (2) to protect participants’ right to privacy, freedom of expression, and creative immediacy. Participants may not without the approval of the organizer use Event Content for “Personal Use,” defined to include: (1) sharing with friends and family; and (2) displaying on personal websites and social media accounts, provided that the posts do not promote or sell any products, services, or brands, and the website or account is not affiliated with any commercial enterprise and does not purport or appear to be an official outlet of the Event or CYPHERCON LLC. I UNDERSTAND AND ACCEPT THAT I MAY NOT MAKE ANY USE OF EVENT CONTENT WITHOUT PRIOR WRITTEN PERMISSION FROM CYPHERCON LLC. I understand that I have no right to sell, transfer, license, sublicense, or give my Event Content to any other party. I assign to CYPHERCON LLC a joint ownership in the copyright to my Event Content for the purpose of enabling CYPHERCON LLC to enforce that copyright against any third party that displays or disseminates any of my Event Content in a manner not authorized by these Terms and Conditions. I appoint CYPHERCON LLC as my attorney-in-fact to execute any documents necessary to effectuate such assignment. CYPHERCON LLC agrees that it will not utilize this joint copyright to enter into any licensing agreements for the Event Content. Since I understand that, in the absence of written permission from CYPHERCON, I have no right to post, share, sell, transfer, license, sublicense or give any of my Event Content to any other party, if a third party obtains and uses any of my Event Content without such written permission from CYPHERCON LLC, I agree that any permission, license, or right I may have granted this third party is completely void and invalid and that CYPHERCON LLC has the absolute right, as joint copyright owner, to require the third party to cease all use of the Event Content. If I post, or allow to be posted, any Event Content on a personal website or account, whether controlled by me or by a third party, even if permissible as Personal Use, I agree that: (1) I will place, or cause to be placed, on any webpage or post displaying such Event Content a notice that (a) the Event Content can be used only for the poster’s personal use and not for any other purpose, and (b) the Event Content may be downloaded or copied only in accordance with a Creative Commons license that prohibits the licensee from using the Event Content for commercial purposes, including CC BY-NC, CC BY-NC-SA, and CC BY-NC-ND (available at https://creativecommons.org/licenses/); (2) if CYPHERCON LLC notifies me that any Event Content must be removed from public display, public performance, or public transmission for any reason whatsoever in CYPHERCON LLC’S sole discretion, I will promptly remove or cause to be removed such content. CYPHERCON LLC, as joint copyright holder, reserves all rights to revoke any license that was erroneously placed on Event Content in violation of these Terms and Conditions and may cause the removal of such Event Content on any webpage or platform on which it is displayed. I understand that use of the Creative Commons licenses approved herein does not supersede these Terms and Conditions, or my responsibility as the photographer or videographer to obtain all necessary permissions from subjects and artists as appropriate. Any use of Event Content containing nudity that is presented in a sexual context and/or without the express written permission of the subjects is prohibited. Violations or suspected problems of this nature should be reported to the organizer. The event community grows primarily by word of mouth. CYPHERCON LLC does little to solicit attention from media companies about the CYPHERCON LLC Event, and does not seek to grow the Event by exposure through the mass media. CYPHERCON LLC does continue to support the presence of the press, and to encourage the free expression of news reporters, storytellers, small groups documenting special projects, cultural or fine art photographers, and creative authors/researchers or academics. Any party interested in making any commercial use of their documentation of the Event or in distributing footage beyond Personal Use must, however, enter into a separate written agreement with CYPHERCON LLC. Contact press@cyphercon.com for more information on how to apply for this permission. All such projects require CYPHERCON LLC s review and approval prior to any distribution. The use of remote controlled aircraft (also known as “drones”) to capture Event Content requires approval in advance and is subject to the registration process and requirements. I acknowledge that I may not operate a drone without CYPHERCON LLC prior express written permission. 

CYPHERCON LLC Trademarks and Copyrights. I acknowledge that “CYPHERCON LLC,” “SECRETCON,” “DECRYPTCON,” and the related logo/symbol are registered trademarks of CYPHERCON LLC; are registered copyrights of CYPHERCON LLC; and that CYPHERCON LLC has the exclusive right to license and enforce those trademarks and copyrights along with its other intellectual property (collectively, “CYPHERCON LLC Intellectual Property”). WITHOUT THE PRIOR WRITTEN CONSENT OF CYPHERCON LLC, I UNDERSTAND THAT I MAY NOT USE ANY CYPHERCON LLC INTELLECTUAL PROPERTY OR EVENT CONTENT IN ANY ADVERTISEMENT OR PROMOTIONAL MATERIAL (INCLUDING WITHOUT LIMITATION, IN MUSIC VIDEOS OR IN POSTS ON COMMERCIAL SOCIAL MEDIA ACCOUNTS), OR IN THE TITLE OR ON THE COVER OF ANY PUBLICATION, unless the use is authorized by these Terms and Conditions or constitutes a fair use under United States law. (For general information about trademarks, copyrights, and fair use, please see: https://ilt.eff.org/Trademark__Liability.html#Fair_Use_Defense and https://ilt.eff.org/Copyright__Fair_Use.html.) CYPHERCON LLC generally permits the use of CYPHERCON LLC Intellectual Property, without payment of any license fee, on materials that are given away at or in connection with the CYPHERCON LLC Event (“Gift Materials”), with the following conditions: (1) CYPHERCON LLC may, for any reason in its discretion, determine that such use is not in keeping with CYPHERCON LLC quality control, and if so, all such materials shall no longer be distributed; and (2) no Gift Materials may be sold (including to recoup the cost of producing them), exchanged for something of value, or distributed in any manner in which the Gift Materials are likely to be sold or exchanged for something of value.

I acknowledge that people are using film, video, and photographic cameras, audio recorders, live streaming devices, and other means of capturing media at the Event, and that my image, likeness, actions, and statements may be captured on film, video, photographs, audio recordings, streams, or other media that may be displayed or disseminated simultaneously or subsequently without my consent or payment of compensation to me, and I release CYPHERCON LLC from any liability due to such capturing, display, or dissemination.

I hereby appoint CYPHERCON LLC as my representative to protect my intellectual property or privacy rights, recognizing that CYPHERCON LLC has no obligation to take any such action. I understand that if CYPHERCON LLC files a lawsuit to protect my intellectual property or privacy rights pursuant to the appointment in this Section, and CYPHERCON LLC has information that my specific intellectual property or privacy rights have been violated and also has information as to my identity and my contact information, CYPHERCON LLC will make reasonable efforts to notify me of any such action by sending a communication to the contact information in CYPHERCON LLC’s possession.

I understand that some participants at the Event may engage in expressive activity and dress, which may include partial nudity or nudity and other types of expressive activity. I agree that such expressive activity and dress is not indecent or offensive to me, and that I have decided to attend the Event with full knowledge that such expressive activity and dress may occur. If I am accompanied by minors at the Event, I acknowledge that I have made a choice that the minors may be exposed to the expressive activities and dress that take place at the Event, and that I have exercised parental responsibility and control in bringing the minors to the Event. Should I find that any activity at the Event is offensive to me, or to any minors accompanying me, I acknowledge that I can avoid such activity by, among other things, leaving the vicinity of the activity or leaving the Event.

I understand that children under 18 years of age may attend the Event only accompanied by a parent or guardian, and if I bring a minor to the Event, I agree to the contractual terms contained in these Terms and Conditions on behalf of the minor.

I consent to have medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during any program, event, or activity at the Event. I release CYPHERCON LLC and all persons participating in any such medical treatment from all responsibility for any such actions.

Tickets, credentials, and passes are revocable licenses that may be revoked by CYPHERCON LLC for any reason, including without limitation resale for above the price at which they were initially offered by CYPHERCON LLC, plus applicable taxes and CYPHERCON LLC -approved fees (“Face Value”), purchasing more than stated limits, assisting people with unauthorized or un-ticketed entry to the Event, or failure to satisfy any health and safety requirements. I understand and agree that I may not post or display on any websites or social media accounts any photographs or videos of tickets, credentials and passes that display a QR code, unique code, or the entire front or back of a ticket, credential, or pass.

Refund and Cancellation Policy. ALL SALES ARE FINAL. No refunds or exchanges will be issued for any reason. Fees are non-refundable.

Ticket Sales, Passes and Registration for Ticket Sales. Pursuant to a series of ticket sale registration processes, a limited number of Event tickets and passes will be made available for sale. Only one registration per person per sale is allowed. If a person registers more than once, all registrations by that person may be canceled without notice. Any registration deemed to be duplicative or potentially fraudulent will be deactivated and blocked from all future sales. Registrations may not be bought or sold under any circumstances, and any registrations discovered to have been purchased or sold will be deactivated and blocked from all future sales. Registrations created using email addresses from disposable domains or “dark mail” providers, or via any other technological means intended to circumvent these Terms and Conditions, are subject to cancellation in the sole discretion of CYPHERCON LLC. At some time after the end of the registration period, I will be able to access the site for ticket purchases on a first-come, first-served basis. I understand that an online queue system may be used and, at CYPHERCON LLC discretion, randomization may occur. Once through any queue, I understand that I will be able to purchase tickets only if tickets are available at the time I access the ticket purchase site. I understand that ticket and pass buying limits and restrictions for each sale will be stated on the website, and I agree to be bound by those limits and restrictions in any sale in which I participate. 

I UNDERSTAND THAT I MAY NOT PURCHASE MORE THAN THE MAXIMUM NUMBER OF TICKETS AND PASSES PERMITTED AT ANY PRICE LEVEL, AND IF I ATTEMPT TO PURCHASE MORE THAN THE MAXIMUM NUMBER, ALL MY TICKET ORDERS MAY BE CANCELED, RESCINDED, AND REVOKED AND THE TICKETS AND PASSES VOIDED WITHOUT NOTICE OR REFUND

The website, content, and service are delivered on an “AS-IS” and “AS-AVAILABLE” basis, and CYPHERCON LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. I AGREE THAT CYPHERCON LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE TICKETING WEBSITE OR FROM MY PARTICIPATION IN ANY TICKET SALE OR ACQUISITION PROGRAM ADMINISTERED BY CYPHERCON LLC OR ITS TICKETING PARTNERS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE AND CONSEQUENTIAL DAMAGES. CYPHERCON LLC makes no guarantee of the availability of any tickets or passes or of the ability to purchase tickets or passes from use of the website

Will Call and Entry Policy. To reduce lost tickets, deter the resale of tickets for above Face Value, during the ticket purchase process we do not offer physical tickets and passes and nothing will be mailed to me. Proof of purchase, credit card statement, or an ID will be used to verify your purchase I release CYPHERCON LLC from any liability concerning the tickets or passes. Orders with addresses in countries outside of the US that are served by the delivery provider will be judged to the best of our ability. Will Call tickets and passes are held for pick up at the registration desk located at the front of the event. Unless other arrangements have been made with CYPHERCON LLC, or the buyer has initiated a transfer of their order into another person’s name through an email to CYPHERCON LLC, only the person under whose name the tickets or passes were purchased may pick them up at Will Call, and they must present valid legal photo identification in order for tickets or passes to be released. No refunds will be processed for patrons who do not have valid identification and therefore are unable to pick up Will Call tickets or passes. I understand that I am responsible for checking the age minimum for the Event, and that no refunds will be processed for participants who are denied entry due to not having valid identification that demonstrates they are 18 years or older, or if under 18 years old, due to not being accompanied by a parent or guardian.

Event Ingress and Egress. Due to the Event’s location and date and time, the limitations of the roads leading to it, the possible impact of severe weather at the Event site, restrictions placed by CYPHERCON LLC on maximum population at the Event, and other events outside CYPHERCON LLC control, I understand that I may be subject to lengthy delays in entering and departing the Event, and that CYPHERCON LLC may shut down ingress and/or egress at any time and for any reason, including but not limited to the interest of safety or requirements of the CYPHERCON LLC and/or other state or federal agencies. I will be prepared for long waits on the playa during both ingress and Exodus and will comply with all instructions about ingress and Exodus at all times. I expressly release CYPHERCON LLC and its agents from liability for any damage to my property while at the event or vehicle parked nearby or that may result from the towing process.

These Terms and Conditions shall be governed by and enforced according to the laws of the State of Wisconsin without regard to any rules relating to conflicts of laws. I understand that any claim or dispute arising out of or in connection with these Terms and Conditions must be brought exclusively in the federal or state courts located in Milwaukee, Wisconsin, and I submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.

Information provided to CYPHERCON LLC in connection with the purchase of Event tickets or passes is covered by the CYPHERCON LLC Privacy Policy, available in our program. As noted in the CYPHERCON LLC Privacy Policy, ticket and pass orders are processed in collaboration with independent service providers, and the use of information provided in connection with these transactions is also governed by the privacy policies of those providers.

If I am obtaining tickets and/or passes for, or providing any tickets and/or passes to, any other person(s), I recognize that I am acting as that person’s agent in obtaining the tickets and/or passes, and due to this agency relationship, I agree to these Terms and Conditions on behalf of any person to whom I deliver any of the tickets and/or passes I obtain, and I shall notify any such person of these Terms and Conditions when I deliver a ticket and/or pass to them. If I have obtained a ticket and/or pass from another person, I also agree to these Terms and Conditions when the ticket and/or pass is delivered to me.

I understand that these Terms and Conditions may be changed by CYPHERCON LLC prior to the Event, and if so, the revised Terms and Conditions will apply to me. The most current version can be found at the website. My use of a ticket or other entry credential for entry to the Event signifies my binding agreement to the Terms and Conditions in effect at the time of my entry to the Event.

 

I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THESE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY, I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.