In this Agreement, "Florida Tapes," "we," "us," and "our" mean Big Develop Tech & Media, LLC d/b/a Florida Tapes, and "You" / "Artist" means the uploading user. You accept this Agreement (checkbox + recorded timestamp/IP) before your first upload, and re-accept it whenever it materially changes.
This Artist Upload Agreement (the "Agreement") is part of and incorporated into the Florida Tapes Terms of Service. By uploading any audio, music, artwork, video, text, merchandise, or other material (your "Content") to Florida Tapes, you agree to every term below. If you do not agree, do not upload.
1. WHAT YOU'RE ALLOWED TO UPLOAD — ORIGINALS YOU OWN
1.1. Originals only. You may upload only original Content that you created and that you own or fully control all rights to. This includes the master recording and the underlying composition (lyrics, melody, beat).
1.2. Banned without full rights. You may not upload, among other things:
- (a) songs, beats, instrumentals, or samples made by someone else, unless you hold a valid, written license or assignment for every element and can produce it on request;
- (b) uncleared samples of any other recording or composition;
- (c) covers, remixes, or interpolations of others' songs (the originals-only policy prohibits these on Florida Tapes unless we expressly enable a licensed-covers program and you comply with it);
- (d) another person's vocals, name, image, likeness, or voice, including AI-generated voice clones or deepfakes of any real artist or person, without that person's written consent;
- (e) DJ mixes, mashups, or compilations containing others' copyrighted works;
- (f) content that uses third-party trademarks, logos, or brands without permission; or
- (g) anything you are not 100% certain you have the full legal right to distribute.
1.3. If in doubt, don't upload. If you are unsure whether you own all rights, do not upload the Content. Uploading is your representation that you do.
2. YOUR REPRESENTATIONS & WARRANTIES
By uploading Content, you represent and warrant, for each item, that:
2.1. Ownership / rights. You are the sole creator and owner, or you have obtained all necessary rights, licenses, consents, and permissions (in writing) to upload, reproduce, stream, distribute, publicly perform, display, and sell the Content on Florida Tapes and to grant the license in Section 4.
2.2. No infringement. The Content does not and will not infringe or misappropriate any third party's copyright, trademark, patent, trade secret, right of publicity, right of privacy, moral rights, or any other right, and does not violate any law.
2.3. No conflicting agreements. You are not subject to any exclusive recording, distribution, publishing, management, or other agreement that prohibits or limits your uploading or distributing the Content, and uploading does not breach any agreement you have with any label, distributor, collecting society, producer, featured artist, or co-writer.
2.4. Clearances & splits. You have secured all permissions and agreed all ownership splits with any co-writers, producers, featured artists, and sample owners, and you are solely responsible for paying them. Florida Tapes owes no payment to any third party in connection with your Content.
2.5. Samples. The Content contains no third-party samples unless you hold valid master-use and mechanical licenses for each, which you will produce within 3 business days on request.
2.6. Likeness & consent. Every identifiable person in the Content (voice, image, name, or likeness) has given you written consent for this use; for any minor, you have the consent of their parent/guardian.
2.7. Lawful content. The Content is lawful and does not violate Section 4 of the Terms or the Community Guidelines.
2.8. Accuracy. All information you provide (artist name, credits, metadata, "unsigned" status) is true and accurate.
2.9. Authority & age. You have full authority to enter this Agreement and are at least 13 (and, if under 18, act with parent/guardian consent).
These representations and warranties are continuous and apply each time you upload and for as long as the Content remains on Florida Tapes.
3. NO ILLEGAL OR HARMFUL ACTIVITY
You will not use Florida Tapes to do, promote, or facilitate anything illegal or that could expose Florida Tapes or others to liability, including copyright/trademark infringement, fraud, stream manipulation, harassment, hate, threats, exploitation of minors, sale of counterfeit or unlawful goods, or distribution of malware. You alone are legally responsible for your Content and conduct.
4. LICENSE YOU GRANT TO Florida Tapes
You retain ownership of your Content. You grant Florida Tapes a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, encode/transcode, stream, publicly perform and display, distribute, promote, and make previews/thumbnails of your Content, solely to operate and promote the Platform and your presence on it, and as you direct through Platform features. This license ends when you remove the Content or your account, subject to reasonable backup retention and any legal-hold or recordkeeping obligations. You also grant other users the right to access and stream your Content through the Platform's normal features. No ownership transfers to Florida Tapes.
Selling your music. Uploading and streaming are covered by this Agreement alone. If you want to sell downloads of your tracks, you must also accept the separate Music Seller Agreement and sign a per-track rights attestation before any track goes on sale. Selling carries stricter warranties and harsher penalties than uploading — including a permanent lifetime ban for selling music you do not fully own or control.
5. INDEMNIFICATION — YOU COVER CLAIMS FROM YOUR CONTENT
You agree to defend, indemnify, and hold harmless Florida Tapes and Big Develop Tech & Media, LLC and its founders, owners, officers, employees, agents, and licensors from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, costs, and expenses (including reasonable attorneys' fees and the cost of any settlement) arising out of or related to: (a) your Content; (b) your breach of any representation, warranty, or term of this Agreement, the Terms, or the Community Guidelines; (c) your infringement or violation of any third party's rights; or (d) your use of the Platform.
This means if your upload gets Florida Tapes sued or threatened — for example because it infringes someone's copyright, uses an uncleared sample, or uses someone's voice/likeness without permission — you are responsible for the resulting costs, damages, and legal fees. Florida Tapes may control the defense of any such matter at your expense, and you will cooperate.
This indemnification survives removal of your Content and termination of your account.
6. ENFORCEMENT — VIOLATE THIS AND YOU'RE REMOVED
6.1. We can remove content and accounts. If we believe, in our reasonable discretion, that you have violated this Agreement — including uploading Content you do not fully own or have rights to, uploading illegal or infringing material, committing stream fraud, or otherwise exposing Florida Tapes or others to legal risk — we may, with or without notice:
- (a) remove or disable the Content;
- (b) suspend or permanently terminate your account and ban you from the Platform;
- (c) withhold or forfeit any pending payouts, revenue, or balances connected to the violating activity;
- (d) preserve and disclose information as required by law or to protect rights; and
- (e) refer the matter to law enforcement.
6.2. Repeat infringers. Consistent with our Copyright & DMCA Policy, accounts determined to be repeat infringers will be terminated.
6.3. No refunds for violations. Removal or termination for a violation does not entitle you to any refund or payout of forfeited amounts.
6.4. Survival. Your representations (Section 2), indemnification (Section 5), and the license for residual/backup copies (Section 4) survive termination.
7. CONTENT IDENTIFICATION & MONITORING
You acknowledge Florida Tapes may (but is not required to) use manual review, fingerprinting, or automated tools to detect infringing or prohibited Content, and may remove or block Content flagged by such tools or by rights holders. Absence of detection does not waive your obligations or warranties.
8. MISCELLANEOUS
This Agreement is governed by the law of the State of Florida, is part of the Terms of Service, and is subject to the same dispute-resolution, disclaimer, and limitation-of-liability provisions. If any part is unenforceable, the rest remains effective. We may update this Agreement; material changes require your re-acceptance before further uploads.
ACCEPTANCE (recorded at upload)
By checking "I agree" and uploading, you confirm: "I own or fully control all rights to this Content. It's original and doesn't infringe anyone's rights. I agree to the Artist Upload Agreement, including that I am legally responsible for my Content and will indemnify Florida Tapes, and that violating these terms can get my content and account permanently removed and any related payouts forfeited."
Florida Tapes records your acceptance, account ID, and timestamp for each upload.