These Content Usage Terms and Conditions (“Terms”) set forth the terms by which AirDNA will allow the Content Creator (“Creator”) to publish charts, graphics, tables, articles, or posts using AirDNA’s data (“Content”) to the Creator’s website, blog, or third-party sites, such as a press outlets and social media platforms.
1.1 - If the Creator has an active account with or subscription to any AirDNA product, including but not limited to MarketMinder, Investment Explorer, AirDNA’s API, Trend Reports, etc., pursuant to the overall Terms of Service, the Creator may not publish any proprietary Content without the express written permission of AirDNA.
1.2 - If the Creator does not have an active account with or subscription to any AirDNA product, including but not limited to MarketMinder, Investment Explorer, AirDNA’s API, Trend Reports, etc., the Creator may not publish any proprietary Content without the express written permission of AirDNA.
1.3 - To obtain permission to use AirDNA data, the Creator must contact AirDNA via [email protected] and provide the following pieces of information:
1.4 - The Creator may not publish the submitted Content until the Creator has received written permission from AirDNA.
1.5 - The Creator is expected to follow copyright laws and not infringe on others’ rights. This means no stealing of other’s articles or other works. AirDNA is not, nor will be held responsible for Creator plagiarism.
1.6 - The Creator must obtain written approval from AirDNA for each new piece of Content, unless a formal, signed Partnership Agreement is in place stating otherwise.
1.7 - Creator agrees that all articles created by AirDNA referencing or linking to the Creator’s approved Content are the property of AirDNA and Contributor acknowledges that AirDNA can edit or reproduce such Content in any way, publicly or privately, in any form of media, known or unknown, without any compensation to Creator.
1.8 - Creator agrees to indemnify, defend, and hold harmless AirDNA, its officers, directors and employees from any and all claims, actions, causes of action, liabilities, judgments, monetary damages, injuries to persons or property, and expenses, including reasonable attorneys' fees and court costs, incurred by AirDNA and which arise out of or which are related to: (a) Creator’s violation or misappropriation of any copyright or other intellectual property rights of any third party, (b) Creator’s defamation of any third party, (c) Creator’s violation of any law or any right of any third party, and (d) Creator’s violation of these Terms.
1.9 - If the Creator is a member of the press, please contact AirDNA at [email protected] with a description of your intended piece. Pending AirDNA availability, AirDNA will provide the Creator with temporary 2-week access to specific market(s) in MarketMinder or will pull data into custom reports for the Creator. Press pieces do not require AirDNA approval unless they contain proprietary screenshots from MarketMinder.
2.1 - When referencing AirDNA data in text in the form of Creator-generated website text, a blog post, article in the press, social media posts, etc., the Creator must cite AirDNA as the source for any data referenced in any written format, with a link to AirDNA’s website (“https://www.airdna.co/”) or to the corresponding page in MarketMinder (“https://www.airdna.co/market-data/app/…”) with the full, market-specific URL for localized data.
2.2 - When referencing AirDNA data in the form of Creator-generated charts, graphics, tables, or other visualizations, the Creator must cite AirDNA using the language “Source: AirDNA” embedded within the visualization, in no smaller than 10pt font or 1em based on the overall site typography sizing. Each visualization must include the citation, regardless of the number of visualizations generated on the page.
3.1 - Creator agrees to allow AirDNA to audit all data and visualizations within any piece of published Content. If the Content misrepresents AirDNA or the data within any AirDNA product, or the Content is not in compliance with the aforementioned Terms, the company’s representatives or editors may mandate that the Creator edit the data, or unpublish or remove the piece of Content entirely.
4.1 - If the intended usage of the Creator’s Content is public education or general brand awareness, and adheres to the Terms outlined above, AirDNA will consider the total consideration to be the intangible value, publicity and goodwill AirDNA will gain by having articles published by the Creator.
4.2 - If the intended usage of the Creator’s Content is lead generation and/or revenue-generation such as inclusion within a fee-based report, locked within a content subscription service, etc. then the Creator must notify AirDNA and enter into a formal revenue share agreement (“Agreement”). If the Creator fails to notify AirDNA and enter into an Agreement, then AirDNA will bill the Creator $1,500 for each documented use of AirDNA’s data in a revenue generating capacity. The Creator will be responsible for remitting payment as soon as s/he is contacted by AirDNA.
4.3 - By adhering to these Terms, the Creator hereby acknowledges the sufficiency of the consideration set forth herein.
5.1 - Creator hereby represents and warrants that (a) Creator will perform the services and its other obligations under these Terms in a professional and workmanlike manner, and in accordance with standards and requirements of each Request, (b) Creator will obtain any required permissions, waivers, licenses, and releases required or desirable to create the Content, (c) the Content will fully conform to the Terms or in writing by AirDNA; (d) Creator has full right and power to adhere to these Terms without the consent of any third party; (e) all Content created by Creator are original works of authorship of Creator and do not infringe upon any other copyright or proprietary right, (f) that the Content contains no matter which is obscene, libelous, or in violation of any right of any third parties, including any right of privacy, and (g) all statements of fact contributed by Creator to the Content are true and are based on diligent research; (h) all advice and instruction contributed by Creator to the Content is safe and sound, and is not negligent or defective in any manner; and (i) that AirDNA’s exercise of rights granted under these Terms will not infringe any copyright, trademark, patent, trade secret, or other intellectual property or other right of any person or entity.