| Before | After | ||
|---|---|---|---|
| 0 | Platform Terms of Service Last Updated: October 7, 2026 Welcome to OpenSea! | 0 | Mobile is live: Trade everything, together. |
| 1 | OpenSea is owned and operated by Ozone Networks, Inc., doing business as OpenSea ("OpenSea," "we," "us," or "our"). | 1 | Get the app Platform Terms of Service Last Updated: October 20, 2026 OpenSea is owned and operated by Ozone Networks, Inc., doing business as OpenSea ("OpenSea," "we," "us," or "our"). |
| 2 | These Terms of Service ("Terms") govern your use of our technology and services, which include the OpenSea website(s), APIs, mobile applications, and all related tools, features, and functionalities (collectively, the "Platform"). | 2 | These Platform Terms of Service ("Terms") govern your use of our technology and services, which include the OpenSea website(s), APIs, mobile applications, and all related tools, features, and functionalities (collectively, the "Platform"). |
| 6 | This encompasses actions such as visiting the Platform, browsing content, creating an Account, conducting transactions, or utilizing any services or features. | 6 | This encompasses actions such as visiting the Platform, browsing content, creating an Account, preparing blockchain orders, or utilizing any services or features. |
| 9 | Important: Please Read Carefully These Terms contain important information about your legal rights and obligations. | 9 | Important: Please Read Carefully THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. |
| 10 | Section 13 includes a mandatory arbitration agreement and a class action waiver, requiring most disputes to be resolved through individual arbitration rather than in court. | 10 | THE "ARBITRATION AGREEMENT" SECTION BELOW CONTAINS A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. |
| 11 | By clicking "Accept," signing up, or using the Platform, you confirm that you agree to these Terms. | 11 | EXCEPT FOR CERTAIN DISPUTES DESCRIBED IN THAT SECTION, YOU AND OPENSEA AGREE TO RESOLVE ALL DISPUTES BY BINDING, FINAL, AND INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION. |
| 12 | If you do not agree, you may not use the Platform. | 12 | PLEASE READ THAT SECTION CAREFULLY. |
| 13 | Contents What OpenSea Is (and Isn't) OpenSea operates as a peer-to-peer web3 platform that helps users discover and directly interact with blockchain-based items, including NFTs and other tokens, as well as engage with other participants across public blockchains. | 13 | By signing up, clicking to accept or agree to these Terms, or using the Platform, you confirm that you agree to these Terms. |
| 14 | If you do not agree, you may not use the Platform. 1. | ||
| 15 | What OpenSea Is (and Isn't) OpenSea operates as a peer-to-peer web3 platform that helps users discover and directly interact with blockchain-based items, including NFTs and other tokens, as well as engage with other participants across public blockchains. | ||
| 15 | We do not have custody or control over the digital tokens, blockchains, or third parties you engage with, nor do we execute or facilitate purchases, transfers, or sales of NFTs or other tokens. | 17 | We do not have custody or control over the digital tokens, blockchains, or third parties you engage with, nor do we execute or facilitate purchases, transfers, or sales of NFTs or other tokens. 2. |
| 19 | It is your responsibility to periodically review the Terms to ensure you understand the latest terms and conditions that apply to your use of the Platform. | 21 | It is your responsibility to periodically review the Terms to ensure you understand the latest terms and conditions that apply to your use of the Platform. 3. |
| 20 | Using the Platform Your Blockchain Identity Your blockchain address serves as your identity on OpenSea. | 22 | Using the Platform 3.1 Your Account Your blockchain address serves as your identity on OpenSea. |
| 21 | Your OpenSea account ("Account") is linked to your blockchain address and displays the NFTs associated with it. | 23 | Your OpenSea account ("Account") is linked to your blockchain address and displays the NFTs associated with it. 3.2 Eligibility Users must be at least 18 years old to use the Platform. |
| 22 | Use on Behalf of Other Parties If you are using the Platform on behalf of an entity, such as a company or other organization, then you represent and warrant that: You are authorized to bind the entity to these Terms. | 24 | If you are between 13 and 18 years old (between 16 and 18 years old if you are located in the European Economic Area), you may only use OpenSea with a parent or guardian's Account, provided they approve and oversee your use. |
| 23 | You agree to these Terms on behalf of the entity. | 25 | OpenSea strictly prohibits access by users under 13 years old (under 16 years old in the European Economic Area). |
| 24 | Third-Party Wallets You must use a third-party wallet to engage in blockchain transactions. | 26 | If you are using the Platform on behalf of an entity, such as a company or other organization, then you represent and warrant that: You are authorized to bind the entity to these Terms. |
| 25 | Please note: OpenSea does not operate, maintain, or have any custody or control over wallets or their contents. | 27 | You agree to these Terms on behalf of the entity. 3.3 Wallets and Account Security You must use a third-party wallet to engage in blockchain transactions. |
| 28 | OpenSea does not operate, maintain, or have any custody or control over wallets or their contents. | ||
| 28 | By using your wallet in connection with OpenSea, you agree to abide by the terms and conditions of the wallet provider. | 31 | You can create a non-custodial, embedded wallet within the Platform through a third-party wallet provider, Privy. |
| 29 | Account Security and Responsibility Your Account security is your responsibility. | 32 | That wallet is a third-party wallet: it is provided by the third-party provider, not by OpenSea, and OpenSea does not operate, maintain, or have custody or control over the wallet, its contents, or the associated private key. |
| 33 | Your creation and use of that embedded wallet is governed by the separate Wallet & Onramp Terms of Use, which constitute a binding agreement between you and Sea Trove LLC, a wholly owned subsidiary of Ozone Networks, Inc. | ||
| 34 | For the avoidance of doubt, OpenSea is not the provider of the embedded wallet. | ||
| 35 | Your Account security is your responsibility. | ||
| 31 | If you suspect any security issues related to your Account or the Platform, you agree to notify OpenSea immediately (contact us here). | 37 | If you suspect any security issues related to your Account or the Platform, you agree to notify OpenSea immediately by contacting Support here. 3.4 Electronic and Promotional Communications By creating an Account, you consent to receive electronic communications from OpenSea, including emails, push notifications, text messages, and other forms of communication. |
| 32 | Electronic and Promotional Communications By creating an Account, you consent to receive electronic communications from OpenSea, including emails, push notifications, text messages, and other forms of communication. | — | Removed |
| 35 | You understand that: Consenting to receive promotional communications is not a condition of using the Platform. | 40 | You acknowledge that consenting to receive promotional communications is not a condition of using the Platform. 3.5 Compliance with Laws and Sanctions By using the Platform, you represent and warrant that you will comply with all applicable laws, including local, state, federal, and international regulations. |
| 36 | You can opt out of promotional communications at any time through your Account settings, by following the unsubscribe instructions included in the communications, or through your mobile device's operating system settings. | — | Removed |
| 37 | Please note that opting out may not apply to important announcements or messages that are necessary for providing the Platform. | — | Removed |
| 38 | Compliance with Laws and Government Sanctions By using the Platform, you represent and warrant that you will comply with all applicable laws, including local, state, federal, and international regulations. | — | Removed |
| 46 | Requests for Additional Information OpenSea may require you to provide additional information and documents in certain circumstances, such as upon request by the government or to comply with applicable laws or regulations. | 48 | OpenSea may require you to provide additional information and documents in certain circumstances, such as upon request by the government or to comply with applicable laws or regulations. |
| 48 | Failure to provide complete and accurate information may result in permanent access restrictions. | 50 | Failure to provide complete and accurate information may result in permanent access restrictions. 3.6 Platform Disruptions and Modifications OpenSea reserves the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Platform (or any features or parts thereof, including the API) at any time and without prior notice, without liability as a result. |
| 49 | Platform Disruptions and Modifications Your access to the Platform may be interrupted for various reasons, including, but not limited to: Equipment malfunctions, updates, maintenance, or repairs. | 51 | OpenSea also reserves the right to disable your Account and reassign your username and associated URLs at our discretion. 3.7 User Conduct You are solely responsible for your conduct and the content you create, display, or distribute on or through the Platform. |
| 50 | Geographic restrictions or potential violations of these Terms. | 52 | You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, in connection with using the Platform. |
| 51 | Actions taken by OpenSea, at its sole discretion, to protect users or the Platform. | 53 | In addition to all responsibilities and obligations outlined elsewhere in these Terms, you also agree: To do your own research (DYOR) before interacting with or transacting in any NFT, token, or other digital item displayed on the Platform. |
| 52 | OpenSea reserves the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Platform (or any features or parts thereof, including the API) at any time and without prior notice, without liability as a result. | 54 | Not to use or attempt to use another user's account without their authorization. |
| 53 | OpenSea also reserves the right to disable your Account and reassign your username and associated URLs at our discretion. | 55 | Not to impersonate another person or entity. |
| 54 | Age Restrictions Users must be at least 18 years old to use the Platform. | 56 | Not to claim an OpenSea username with the intention of reselling it, misleading others, or deriving another user's goodwill ("name squatting"). |
| 55 | If you are between 13 and 18 years old, you may only use OpenSea with a parent or guardian's Account, provided they approve and oversee your use. | 57 | Not to distribute spam, including by sending unwanted NFTs to other users, or to use the Platform or its data for unsolicited advertising or direct marketing, including email, SMS, or telemarketing campaigns. |
| 56 | OpenSea strictly prohibits access by users under 13 years old. | 58 | Not to use the Platform or any software, API, or functionality to damage, disrupt, or overburden the Platform's operations. |
| 57 | OpenSea's Ownership of the Platform OpenSea's Intellectual Property All proprietary elements of the Platform are owned by OpenSea. | 59 | Not to circumvent or attempt to circumvent access controls, rate limits, traffic filters, or measures OpenSea uses to block certain blockchain addresses, including by using unauthorized tools, multiple IP addresses, or obfuscating traffic sources. |
| 60 | Not to employ automated tools (e.g., scrapers, bots, crawlers) to access, extract, or manipulate Platform data without authorization. | ||
| 61 | Not to reverse engineer, decompile, or disassemble the Platform, or bypass measures designed to prevent or limit access to specific areas, code, or functionality. | ||
| 62 | Not to circumvent OpenSea's fee structures or attempt to resell the Platform or its features. | ||
| 63 | Not to manipulate metrics (e.g., artificially inflating views, favorites, rankings, or performance or profit-and-loss figures) to alter search results or the visibility of items or collections. | ||
| 64 | Not to manipulate prices, commit fraud, or engage in deceptive or misleading practices. | ||
| 65 | Not to promise or guarantee investment returns or describe any token, NFT, or other digital item as risk-free; to post content you were paid or compensated to post without clearly and conspicuously disclosing that compensation; to falsely claim that you are a licensed or professional financial, investment, or trading advisor; or to misrepresent your holdings, position, or trading performance. | ||
| 66 | Not to buy, sell, or transfer stolen or fraudulently obtained items or NFTs. Not to create or display content that promotes hate, violence, self-harm, or illegal activities, including child sexual exploitation or doxing. 3.8 Enforcement; No Duty to Police OpenSea may, in its sole discretion and without notice, monitor, review, restrict, block, remove, or disable access to any content, digital item, or activity on or through the Platform. | ||
| 67 | Nothing in these Terms imposes on OpenSea any obligation to do so, and OpenSea disclaims any duty to police or enforce these Terms or any law on your behalf. | ||
| 68 | You acknowledge and agree that: OpenSea's ability to take such actions does not create any obligation to take them. | ||
| 69 | OpenSea will not be liable to you or any third party for choosing to act or not to act under this subsection. | ||
| 70 | You waive and release any claim, demand, or cause of action arising from OpenSea's exercise, or failure to exercise, these rights. 3.9 Additional Terms Some features, programs, and services on the Platform are subject to additional terms that OpenSea publishes for them ("Additional Terms"). | ||
| 71 | OpenSea will identify Additional Terms as terms that apply to the feature, program, or service, and will make them available on the Platform or link to them where you use it. | ||
| 72 | By using a feature, program, or service that is subject to Additional Terms, you agree to those Additional Terms, which are incorporated into these Terms by reference. | ||
| 73 | If Additional Terms conflict with these Terms, the Additional Terms govern that feature, program, or service, except that Additional Terms do not modify the "Arbitration Agreement" section. | ||
| 74 | OpenSea may update Additional Terms in the same manner as these Terms, as described in "Updates to the Terms." Help Center articles, FAQs, and other support or educational content are provided for information only, unless they are Additional Terms or a policy that these Terms incorporate by reference. | ||
| 75 | That content does not modify these Terms or create obligations for OpenSea beyond those stated in these Terms. 3.10 Rewards Programs OpenSea may offer programs and promotions that give eligible users rewards, fee discounts, or other benefits, such as a referral program or a one-time reward (each, a "Rewards Program"). | ||
| 76 | Each Rewards Program is subject to these Terms and to any Additional Terms that OpenSea publishes for it. | ||
| 77 | OpenSea may change, suspend, or end any Rewards Program at any time, including its eligibility criteria, reward rates, discount rates, eligible transactions, and claim methods. | ||
| 78 | OpenSea may withhold, adjust, or cancel rewards you have not yet claimed, recover rewards you have already claimed (including by deducting them from future rewards), and end your participation in any Rewards Program if OpenSea determines that (a) you violated these Terms, including the applicable Additional Terms, (b) you engaged in fraud, manipulation, or abuse, such as self-referral, wash trading, or using multiple accounts or wallets to earn rewards, or (c) you received a reward because of an error, or if applicable law requires it. | ||
| 79 | Rewards you have not claimed have no cash value and cannot be sold, transferred, or exchanged. | ||
| 80 | Rewards do not give you any ownership, equity, or other interest in OpenSea. | ||
| 81 | You are responsible for any taxes on rewards you receive, as described under "Tax Obligations" in the "Assumption of Risk" section. 4. | ||
| 82 | OpenSea's Ownership of the Platform 4.1 OpenSea's Intellectual Property All proprietary elements of the Platform are owned by OpenSea. | ||
| 64 | Use metatags or other hidden text that reference "OpenSea" or its intellectual property. | 89 | Use metatags or other hidden text that reference "OpenSea" or its intellectual property. 4.2 License to Use the Platform OpenSea grants you a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Platform, subject to your compliance with these Terms. |
| 65 | License to Use the Platform OpenSea grants you a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Platform, subject to your compliance with these Terms. | — | Removed |
| 69 | OpenSea does not grant any ownership rights through this license, and your use of content linked to or associated with NFTs, NFT collections, or other digital items is subject to any applicable rights set forth by the seller or creator of the NFT or such other digital item. | 93 | OpenSea does not grant any ownership rights through this license, and your use of content linked to or associated with NFTs, NFT collections, or other digital items is subject to any applicable rights set forth by the seller or creator of the NFT or such other digital item. 4.3 Third-Party Intellectual Property All other trademarks and intellectual property mentioned on or integrated by the Platform are the property of their respective owners. |
| 70 | Third-Party Intellectual Property All other trademarks and intellectual property mentioned on or integrated by the Platform are the property of their respective owners. | — | Removed |
| 74 | Reference to third-party products, services, or content on the Platform does not imply endorsement, sponsorship, or recommendation by OpenSea. | 97 | Reference to third-party products, services, or content on the Platform does not imply endorsement, sponsorship, or recommendation by OpenSea. 5. |
| 75 | Third-Party Content Third-Party Content The Platform may include links or access to third-party websites, applications, code, or other content ("Third-Party Content"). | 98 | Third-Party Content The Platform may display content created by third parties or link to third-party websites, applications, code, or other content ("Third-Party Content"). |
| 77 | Ltd., to display its Third-Party-Content about fungible tokens on the Platform. | 100 | Ltd., to display Third-Party Content about fungible tokens on the Platform. |
| 84 | Creators, sellers, and buyers are solely responsible for the content and metadata associated with their NFTs or other digital items. | 107 | Creators, sellers, and buyers are solely responsible for the content and metadata associated with their NFTs or other digital items. 5.1 External Profiles The Platform may display profiles ("External Profiles") compiled from information that a person has made public on another digital asset trading or community platform (a "Source Platform"). |
| 85 | Public Blockchains As a peer-to-peer web3 service, OpenSea helps you explore NFTs and other digital items created by third parties and interact with public blockchains and blockchain applications, which are not owned by OpenSea. | 108 | An External Profile does not indicate that the person uses OpenSea, has agreed to these Terms, or endorses OpenSea. |
| 109 | OpenSea is not affiliated with, sponsored by, or endorsed by any Source Platform. | ||
| 110 | Information in External Profiles is Third-Party Content: OpenSea does not create, verify, or endorse it; it may be inaccurate, incomplete, or out of date; and you rely on it at your own risk. | ||
| 111 | If you claim an External Profile, the license in "Your Content and License to OpenSea; Feedback" applies to its content, including OpenSea's display of that content before you claimed it. | ||
| 112 | Any person, whether or not they have an Account, can ask us to stop displaying an External Profile about them, as described in our Privacy Policy. | ||
| 113 | Rights-holders may report intellectual-property concerns about External Profile content under our Prohibited Content and Disputed Items Policy. 5.2 Public Blockchains and Third-Party Transactions As a peer-to-peer web3 service, OpenSea helps you explore NFTs and other digital items created by third parties and interact with public blockchains and blockchain applications, which are not owned by OpenSea. | ||
| 87 | Third-Party Transactions and Terms These Terms govern only your use of OpenSea's Platform. | 115 | These Terms govern only your use of OpenSea's Platform. |
| 98 | For example: When you view NFT metadata or additional details on OpenSea, you may encounter third-party links to NFT Terms. | 126 | For example: Buyers, sellers, and creators are solely responsible for communicating, agreeing to, and enforcing any such NFT Terms. |
| 99 | Buyers, sellers, and creators are solely responsible for communicating, agreeing to, and enforcing any such NFT Terms. | 127 | It is your responsibility to review and comply with any applicable NFT Terms. 5.3 Intellectual Property Violations, Illegal Content, and Other Disputed Items OpenSea complies with applicable laws regarding illegal content, including intellectual property violations and stolen NFTs. To report illegal content or submit DMCA and DSA takedown notices, review and follow the instructions in our Prohibited Content and Disputed Items Policy. |
| 100 | It is your responsibility to review and comply with any applicable NFT Terms. | — | Removed |
| 101 | Your Information, Content, and Grant of License to OpenSea Privacy Policy Please refer to our Privacy Policy for information about how we collect, use, and share information from or about you ("Your Information"). | — | Removed |
| 102 | By using the Platform, you acknowledge that you have read our Privacy Policy and you expressly consent to the collection, use, and disclosure of Your Information in accordance with the Privacy Policy. | — | Removed |
| 103 | In providing the personal information of any individual (other than yourself) that may receive transactions from you as part of your use of the Platform, you agree that you have obtained consent from such individual to disclose their personal information to us, as well as their consent to our collection, use, storage, and disclosure of such personal information, in the manner and for the purposes set out in our Privacy Policy. | — | Removed |
| 104 | User-Provided Content You are solely responsible for any content you create, submit, post, promote, or display on or through the Platform, as well as for compliance with applicable laws, regulations, and these Terms (including the User Conduct requirements). | — | Removed |
| 105 | This includes ensuring the legality, authenticity, and accuracy of all metadata associated with your NFTs and digital items. | — | Removed |
| 106 | By posting or submitting content, you represent and warrant that: You have all necessary rights, licenses, consents, permissions, power, and authority to grant OpenSea the license described above. | — | Removed |
| 107 | Your content does not violate any intellectual property rights, publicity rights, or other third-party rights, and does not contain material that violates any laws. | — | Removed |
| 108 | Terminating your ability to participate in any OpenSea promotional programs, including the Rewards Program, and the loss of any Points (as defined below). | — | Removed |
| 109 | You are responsible for the content and metadata associated with your NFTs and digital items, including ensuring that they do not contain infringing material unless you have obtained the required permissions or are otherwise legally entitled to post the material. | — | Removed |
| 110 | Grant of License to OpenSea By using the Platform in conjunction with creating, submitting, posting, promoting, or displaying content (including compliance with OpenSea's metadata standards), you grant OpenSea a worldwide, non-exclusive, sublicensable, royalty-free license to: Use, copy, modify, and display your content for current and future business purposes, including providing, promoting, and improving the Platform. | — | Removed |
| 111 | This license extends to any text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or other content you post, as well as any digital files, art, or materials linked to or associated with NFTs or other digital items displayed on the Platform. | — | Removed |
| 112 | Note: OpenSea does not claim ownership of your content, other than Feedback as defined below. | — | Removed |
| 113 | The license you grant allows us to use and display your content to operate and improve our Platform, but ownership remains with you. | — | Removed |
| 114 | Your Feedback OpenSea welcomes feedback, comments, and suggestions for improving the Platform ("Feedback"). | — | Removed |
| 115 | By providing Feedback, you: Acknowledge that it does not grant you any ownership or rights in the Platform or the Feedback itself. | — | Removed |
| 116 | Assign to OpenSea all rights, title, and interest in the Feedback, including intellectual property rights such as patents, copyrights, trademarks, and trade secrets. | — | Removed |
| 117 | Agree that OpenSea may use and disclose your Feedback for any purpose without compensation or further notice to you. | — | Removed |
| 118 | Intellectual Property Violations and Ownership Disputes Illegal Content and Disputed Items OpenSea complies with applicable laws regarding illegal content, including intellectual property violations and stolen NFTs. To report illegal content or submit DMCA and DSA takedown notices, review and follow the instructions in our Prohibited Content and Disputed Items Policy. | — | Removed |
| 123 | You acknowledge that such restrictions may impact the accessibility and perceived value of an NFT or other digital item. | 132 | You acknowledge that such restrictions may impact the accessibility and perceived value of an NFT or other digital item. 6. |
| 124 | User Conduct OpenSea values openness and inclusivity, aiming to provide users from diverse backgrounds with a vibrant way to explore web3 and blockchain-based assets. | 133 | Your Information, Content, and Grant of License to OpenSea 6.1 Privacy Policy Please refer to our Privacy Policy for information about how we collect, use, and share information from or about you, including information about you that we obtained from a Source Platform before you created an Account ("Your Information"). |
| 125 | However, to ensure a safe and lawful environment, we reserve the right to take action, with or without prior notice, if we determine at our sole discretion that you have violated these Terms or may be using the Platform for unlawful activities. | 134 | By using the Platform, you acknowledge that you have read our Privacy Policy and you expressly consent to the collection, use, and disclosure of Your Information in accordance with the Privacy Policy. 6.2 Your Content and License to OpenSea; Feedback You are solely responsible for any content you create, submit, post, promote, or display on or through the Platform, as well as for compliance with applicable laws, regulations, and these Terms. |
| 126 | Such actions may include: Removing or restricting access to certain NFTs or other digital items. | 135 | This includes ensuring the legality, authenticity, and accuracy of all metadata associated with your NFTs and digital items. |
| 127 | Limiting or disabling access to the Platform or specific features. | 136 | By posting or submitting content, you represent and warrant that: You have all necessary rights, licenses, consents, permissions, power, and authority to grant OpenSea the license described below. |
| 128 | Taking other measures as necessary to protect the Platform and its users. | 137 | Your content does not violate any intellectual property rights, publicity rights, or other third-party rights, and does not contain material that violates any laws. |
| 129 | Your Responsibilities You are solely responsible for your conduct and the content you create, display, or distribute on or through the Platform. | 138 | By using the Platform in conjunction with creating, submitting, posting, promoting, or displaying content (including compliance with OpenSea's metadata standards), you grant OpenSea a worldwide, non-exclusive, sublicensable, transferable, royalty-free license to: Use, copy, reproduce, modify, create derivative works of, distribute, publicly display, and perform your content for current and future business purposes, including providing, promoting, and improving the Platform. |
| 130 | You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, in connection with using the Platform. | 139 | This license extends to any text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or other content you post, as well as any digital files, art, or materials linked to or associated with NFTs or other digital items displayed on the Platform. |
| 131 | In addition to all responsibilities and obligations outlined elsewhere in these Terms, you also agree: To do your own research (DYOR) before interacting or transacting with any NFT or other digital item displayed on the Platform. | 140 | This license survives any termination of your access to the Platform to the extent necessary for content you have already made public or that OpenSea has displayed, distributed, or aggregated. |
| 132 | Not to use or attempt to use another user's account without their authorization. | 141 | Note: OpenSea does not claim ownership of your content, other than Feedback as defined below. |
| 133 | Not to impersonate another person or entity. | 142 | The license you grant allows us to use and display your content to operate and improve our Platform, but ownership remains with you. |
| 134 | Not to claim an OpenSea username with the intention of reselling it, misleading others, or deriving another user's goodwill ("name squatting"). | 143 | We welcome feedback, comments, and suggestions for improvements to the Platform ("Feedback"). |
| 135 | Not to attempt to override or circumvent measures put in place by OpenSea to block certain blockchain addresses. | 144 | You acknowledge and expressly agree that any contribution of Feedback grants OpenSea full and sole right, title, or interest in any such Feedback. |
| 136 | Not to distribute spam, including by sending unwanted NFTs to other users, or to use the Platform or its data for unsolicited advertising or direct marketing, including email, SMS, or telemarketing campaigns. | 145 | You agree that OpenSea may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. 7. |
| 137 | Not to use the Platform or any software, API, or functionality to damage, disrupt, or overburden the Platform's operations. | — | Removed |
| 138 | Not to circumvent access controls, rate limits, or traffic filters by using unauthorized tools, multiple IP addresses, or obfuscating traffic sources. | — | Removed |
| 139 | Not to use the OpenSea APIs in violation of our developer policies or any applicable agreements. | — | Removed |
| 140 | Not to exploit the Platform for unauthorized commercial purposes, inconsistent with these Terms or OpenSea's guidelines. | — | Removed |
| 141 | Not to employ automated tools (e.g., scrapers, bots, crawlers) to access, extract, or manipulate Platform data without authorization. | — | Removed |
| 142 | Not to reverse engineer, decompile, or disassemble the Platform, or bypass measures designed to prevent or limit access to specific areas, code, or functionality. | — | Removed |
| 143 | Not to circumvent OpenSea's fee structures or attempt to resell the Platform or its features. | — | Removed |
| 144 | Not to manipulate metrics (e.g., artificially inflating views, favorites, or rankings) to alter search results or the visibility of items or collections. | — | Removed |
| 145 | Not to manipulate prices, commit fraud, or engage in deceptive or misleading practices. | — | Removed |
| 146 | Not to buy, sell, or transfer stolen or fraudulently obtained items or NFTs. Not to violate the intellectual property rights of others or create and display illegal content. | — | Removed |
| 147 | Not to create or display NFTs that promote hate, violence, self-harm, or illegal activities, including child sexual exploitation or doxing. | — | Removed |
| 148 | Not to disrupt the experience of other users by interfering with their ability to enjoy or access the Platform. | — | Removed |
| 149 | Enforcement; No Duty to Police OpenSea may, in its sole discretion and without notice, monitor, review, restrict, block, remove, or disable access to any content, digital item, or activity on or through the Platform. | — | Removed |
| 150 | Nothing in these Terms imposes on OpenSea any obligation to do so, and OpenSea disclaims any duty to police or enforce these Terms or any law on your behalf. | — | Removed |
| 151 | You acknowledge and agree that: OpenSea's ability to take such actions does not create any obligation to take them. | — | Removed |
| 152 | OpenSea will not be liable to you or any third party for choosing to act or not to act under this Section. | — | Removed |
| 153 | You waive and release any claim, demand, or cause of action arising from OpenSea's exercise, or failure to exercise, these rights. | — | Removed |
| 154 | Handling NSFW Content OpenSea allows the posting of "Not Safe for Work" ("NSFW") content. | — | Removed |
| 155 | However, this content may be subject to additional restrictions, such as being marked NSFW and appearing differently in navigation menus and search results. | — | Removed |
| 156 | Promotional Programs Subject to your ongoing compliance with these Termsand any applicable program‑specific rules, FAQs, or UI disclosures published by OpenSea (the "Program Rules"), OpenSea may, at its sole discretion, offer you the opportunity to participate in a limited rewards program (the "Rewards Program"). | — | Removed |
| 157 | Through the Rewards Program, OpenSea may allocate digital points ("Points" or "XP") to users for completing specific tasks or interactions within the Platform. | — | Removed |
| 158 | Points are provided as an enhancement to Platform users to incentivize participation in our community. | — | Removed |
| 159 | OpenSea may also allocate other rewards to users, such as non-transferable badges (including badges delivered through Treasure Chests referred to as "Treasures"), or third-party NFTs, tokens, or allowlists or other perks through "Treasure Chests" (the content of Treasure Chests, collectively, the "Treasure Chest Content"). | — | Removed |
| 160 | You may hold only one active Treasure Chest per rewards cycle (also referred to as a "season"). | — | Removed |
| 161 | Treasure Chests can be opened by users to access the Treasure Chest Content at the end of a season. | — | Removed |
| 162 | OpenSea may require a minimal affirmative action (e.g., clicking a button) to cause the opening of a Treasure Chest. | — | Removed |
| 163 | Treasure Chests will expire and be forfeited if not opened within the timeframe stated in the Program Rules and any associated Treasure Chest Content is permanently forfeited. | — | Removed |
| 164 | Rewards Pool OpenSea may allocate a portion of platform fees to purchasing NFTs and tokens for OpenSea's rewards pool. | — | Removed |
| 165 | Tokens and NFTs in the rewards pool may be allocated to certain Treasure Chests as Treasure Chest Content at the end of a season. | — | Removed |
| 166 | For clarity, "platform fees" means fees retained by OpenSea in relation to users selling NFTs, minting NFTs in a primary drop, and engaging in swaps. | — | Removed |
| 167 | The size and composition of the pool fluctuate and may be changed by OpenSea. | — | Removed |
| 168 | Any "estimated pool value" displayed is a non‑binding estimate based on third‑party market data at the time of calculation and may differ at distribution. | — | Removed |
| 169 | Eligibility and Enrollment To be eligible for the Rewards Program, you must: Be a registered user of the Platform. | — | Removed |
| 170 | Connect a digital wallet to the Platform. | — | Removed |
| 171 | Accept and comply with these Terms and any applicable Program Rules. | — | Removed |
| 172 | Complete the applicable tasks as determined by OpenSea. | — | Removed |
| 173 | Participate using a single set of connected wallets designated in your Account; OpenSea may disqualify progress or reset balances we believe may be associated with multi‑wallet manipulation or sybil activity. | — | Removed |
| 174 | Eligibility to participate in the Rewards Program may be limited by jurisdiction and other factors at OpenSea's sole discretion. | — | Removed |
| 175 | OpenSea reserves the right to determine eligibility, and disputes regarding eligibility or Points cannot be appealed. | — | Removed |
| 176 | The Rewards Program is intended for personal use only; commercial or automated participation is prohibited. | — | Removed |
| 177 | Your participation in the Rewards Program constitutes your acceptance of these Terms and the Program Rules, as may be modified or updated by OpenSea in its sole discretion. | — | Removed |
| 178 | Modifications. | — | Removed |
| 179 | OpenSea reserves the right to modify, suspend, or terminate the Rewards Program, in whole or in part, at any time, with or without notice. | — | Removed |
| 180 | Such changes may include changes to the distribution or calculation of Points, Treasure Chest Content, and Treasure Chest tiers, changes to Treasure Chest Content or Treasure Chest tier system, changes to the tasks required to earn Points or change Treasure Chest tiers, the ways in which the Points or Treasure Chests can be redeemed (if at all), the ability to earn, use, or retain previously accumulated Points, rewards pool composition or allocation, the length of seasons, or the existence of any future seasons. | — | Removed |
| 181 | OpenSea makes no representations or warranties regarding the continued availability of Points or Treasure Chests, the ability to use or redeem Points or Treasure Chest Content, or the existence of any associated benefits. | — | Removed |
| 182 | OpenSea may pause or end a Rewards Program at any time. | — | Removed |
| 183 | Rewards Points, Treasure Chests, and Treasures are non-transferable and cannot be sold, assigned, or exchanged. | — | Removed |
| 184 | Points, Treasure Chests, and Treasures are not a currency, asset, or property right; they have no cash or cryptocurrency value; and they cannot be redeemed for cash or any cash equivalent. | — | Removed |
| 185 | Points, Treasure Chests, and Treasure Chest Content do not constitute compensation or any other form of consideration for services. | — | Removed |
| 186 | OpenSea does not guarantee that you or any participant will receive or be eligible to receive any minimum amount or type of Points or Treasure Chest Content by participating in the Rewards Program. | — | Removed |
| 187 | Points, Treasure Chests, and Treasure Chest Content do not entitle users to any vested rights, guarantees, or future benefits. | — | Removed |
| 188 | Points, Treasure Chests, and Treasure Chest Content are made available "as is" and without warranty of any kind. | — | Removed |
| 189 | OpenSea or third parties may, at their sole discretion, determine whether and how to provide specific benefits or promotions in connection with Points, Treasure Chests, and Treasure Chest Content. | — | Removed |
| 190 | However, OpenSea makes no guarantees that Points, Treasure Chests, or Treasure Chest Content will be redeemable for any specific reward or benefit. | — | Removed |
| 191 | Some rewards may consist of third‑party digital items (e.g., NFTs or tokens). | — | Removed |
| 192 | OpenSea does not control availability, utility, or value of any third‑party item and does not endorse or guarantee them. | — | Removed |
| 193 | Distribution (if any) and use may be subject to the third party's terms. | — | Removed |
| 194 | OpenSea does not guarantee or control any third-party initiatives, including any potential use of Points, Treasure Chests, or Treasure Chest Content by third parties. | — | Removed |
| 195 | Any allocation of third-party tokens or benefits based on Points, Treasure Chests, or Treasure Chest Content is at the discretion of the third party and is not the responsibility of OpenSea. | — | Removed |
| 196 | OpenSea disclaims all liability for the actions or decisions of any independent organizations in relation to the Rewards Program. | — | Removed |
| 197 | Special Offers and Promotions. | — | Removed |
| 198 | From time to time, OpenSea may introduce special offers, bonuses, or challenges that allow you to earn additional Points or Treasures or level up your Treasure Chest tier. | — | Removed |
| 199 | Each special offer may be subject to separate terms and conditions, which will be made available at the time of the offer. | — | Removed |
| 200 | These terms may differ from the general Program Rules, so be sure to review them before participating. | — | Removed |
| 201 | OpenSea reserves the right to modify, restrict, or terminate any special offers at any time. | — | Removed |
| 202 | Expiration. | — | Removed |
| 203 | Treasure Chests, Treasure Chest tiers, and Points accumulated in the Rewards Program are subject to expiration, reset, or modification at OpenSea's discretion. | — | Removed |
| 204 | OpenSea reserves the right to determine when and how Points, Treasure Chest tiers, and Treasure Chests expire, are adjusted, or are reset, including but not limited to expiration at the end of designated time periods (including "Seasons" or "Waves"). | — | Removed |
| 205 | Termination of Participation. | — | Removed |
| 206 | At its discretion, OpenSea reserves the right to terminate your participation in the Rewards Program or withhold, reverse, adjust, or claw back progress, Points, Treasure Chest tiers, Treasure Chest Content, or other rewards, including for any breach of these Terms, misuse of or fraudulent activity within the Rewards Program, multi-wallet abuse, fake or misleading liquidity, or for any other reason deemed appropriate by OpenSea. | — | Removed |
| 207 | All rewards (including Points, Treasure Chests, and Treasure Chest Content) are provided "as is" without any warranties, express or implied, and OpenSea disclaims any liability arising from your participation in the Rewards Program. | — | Removed |
| 208 | Points, Treasure Chests, and Treasures do not carry any vested rights and are not guaranteed to be available in perpetuity. | — | Removed |
| 211 | Reciprocal Access You agree to join OpenSea in our mission of building a composable and decentralized web3 ecosystem by reciprocating and offering us equivalent levels of access to your data through, if any, your application programming interfaces, developer tools, or otherwise; License and Attribution Requirements You must provide appropriate attribution to OpenSea on your site or in your product or services, for example by linking to the OpenSea website when displaying NFTs or other digital assets, where appropriate, in each case subject to any instructions or guidelines we may provide. | 148 | You agree to join OpenSea in our mission of building a composable and decentralized web3 ecosystem by reciprocating and offering us equivalent levels of access to your data through, if any, your application programming interfaces, developer tools, or otherwise. |
| 212 | Restrictions on API Use You may not: Commercialize the API or any data, information, or content made available or transmitted via the API (such data, information, or content, "API Data") without OpenSea's express written permission. | 149 | You must provide appropriate attribution to OpenSea on your site or in your product or services, for example by linking to the OpenSea website when displaying NFTs or other digital assets, where appropriate, in each case subject to any instructions or guidelines we may provide. 7.1 Restrictions on API Use You may not: Commercialize the API or any data, information, or content made available or transmitted via the API (such data, information, or content, "API Data") without OpenSea's express written permission. |
| 215 | Overburden, disrupt, or impair OpenSea's servers or network through excessive, disruptive, or improper API usage. | — | Removed |
| 217 | Access or use the API or API Data in a way that infringes, misappropriates, or violates any rights of another party. | — | Removed |
| 219 | Copy, adapt, reformat, reverse-engineer, disassemble, decompile, decipher, or otherwise modify the API or create derivative works of the API. | 154 | Copy, adapt, reformat, or otherwise modify the API or create derivative works of the API. |
| 221 | Access the API to circumvent intended features, functionality, or limitations of the Platform. | — | Removed |
| 223 | Violate OpenSea's Privacy Policy or any data protection laws when collecting or using our API or API Data. | — | Removed |
| 224 | Engage in unlawful, fraudulent, or sanctioned transactions using the API. | — | Removed |
| 226 | You may not access or use the API or API Data in any manner that would be deemed a breach or an alleged breach of the "User Conduct" Section (Section 8) or any other portion of these Terms; Compliance & Security Obligations If API Data is deleted, suspended, withheld, modified, disabled, delisted, or otherwise removed from OpenSea's service, you will make all reasonable efforts to delete or modify such API Data as soon as possible, and in any case within 24 hours, unless prohibited by applicable law or regulation or with the express written permission of OpenSea. | 158 | You may not access or use the API or API Data in any manner that would be deemed a breach or an alleged breach of the "User Conduct" section or any other portion of these Terms. 7.2 Compliance & Security Obligations If API Data is deleted, suspended, withheld, modified, disabled, delisted, or otherwise removed from OpenSea's service, you will make all reasonable efforts to delete or modify such API Data as soon as possible, and in any case within 24 hours, unless prohibited by applicable law or regulation or with the express written permission of OpenSea. |
| 228 | You agree not to use or access the API or API Data for any unlawful or unauthorized purpose. | 160 | You certify that you, your officers, directors, shareholders, and affiliates are and will remain in compliance with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations. 8. |
| 229 | In addition, you certify that you, your officers, directors, shareholders, and affiliates are and will remain in compliance with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations. | 161 | Liability, Disclaimers, and Indemnification 8.1 Disclaimers Your use of the Platform is at your own risk. |
| 230 | Mobile App Specific Terms You are responsible for providing the necessary device, internet connection, and other services to use the OpenSea mobile application ("App"). | — | Removed |
| 231 | OpenSea does not guarantee compatibility with all devices or geographic availability. | — | Removed |
| 232 | For users accessing OpenSea via iOS, Apple's Standard End User License Agreement ("EULA") applies in addition to these Terms of Service. | — | Removed |
| 233 | In the event of a conflict between these Terms and Apple's EULA, Apple's EULA will govern solely with respect to the use of OpenSea on iOS devices. | — | Removed |
| 234 | Liability, Indemnification, and Assumption of Risk Indemnification By using the Platform, you agree, to the fullest extent permitted by law, to indemnify, defend, and hold harmless OpenSea and its affiliates, and its and their respective employees, directors, contractors, service providers, agents, and representatives (collectively, the "OpenSea Parties") from and against all claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or relating to: Your use or misuse of the Platform, including but not limited to feedback or content you provide through the Platform, your engagement with NFTs, other digital items and other content visible on the Platform, and your interactions with other users. | — | Removed |
| 235 | Your breach of these Terms or applicable laws. | — | Removed |
| 236 | Your violation of the rights of third parties, including intellectual property or contractual rights. | — | Removed |
| 237 | Your negligence or willful misconduct. | — | Removed |
| 238 | Disputes over ownership or validity of NFTs and other digital items visible on OpenSea. | — | Removed |
| 239 | You agree to notify OpenSea promptly of any claims and to cooperate with OpenSea in defending such claims. | — | Removed |
| 240 | OpenSea reserves the right to assume exclusive control of the defense and settlement of any claims. | — | Removed |
| 241 | Disclaimers Your use of the Platform is at your own risk. | — | Removed |
| 243 | The accuracy, reliability, completeness, or availability of the Platform (including any of its features) or any associated NFTs or digital items. | 163 | The accuracy, reliability, completeness, or availability of the Platform (including any of its features), or the accuracy, legality, or availability of any NFTs, digital items, or other content displayed on the Platform. |
| 245 | OpenSea does not guarantee: The uninterrupted or error-free operation of the Platform. | 165 | The uninterrupted or error-free operation of the Platform. |
| 246 | The accuracy or legality of NFTs, other digital assets, or content displayed on the Platform. | — | Removed |
| 254 | You acknowledge that NFTs, cryptocurrency, and other digital tokens are not subject to protections or insurance provided by the Federal Deposit Insurance Company or the Securities Investor Protection Corporation. | 173 | You acknowledge that NFTs, cryptocurrency, and other digital tokens are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation. |
| 255 | Note: Some jurisdictions may not allow certain disclaimers, so these limitations may not apply to you. | 174 | Any commentary, opinions, notes, ratings, or performance information that users post or that OpenSea displays or aggregates from other sources are the views of the persons who authored them, not of OpenSea. |
| 256 | Assumption of Risk By using the Platform, you acknowledge and accept the following risks, in addition to risks described elsewhere in these Terms: NFT and Crypto Volatility: NFTs and cryptocurrencies are high risk. | 175 | They are not investment, financial, legal, or tax advice, and do not constitute an endorsement, recommendation, or offer by OpenSea to buy, sell, or hold any token, NFT, or digital item. |
| 176 | OpenSea does not verify, adopt, or guarantee this information. | ||
| 177 | Any performance or profit-and-loss figures reflect a single point in time, may be inaccurate or out of date, and do not indicate future results. | ||
| 178 | You rely on such information at your own risk. 8.2 Assumption of Risk By using the Platform, you acknowledge and accept the following risks, in addition to risks described elsewhere in these Terms: NFT and Crypto Volatility: NFTs and cryptocurrencies are high risk. | ||
| 260 | Blockchain and Transaction Fees: You are responsible for all blockchain-related fees, which are final and non-refundable. | — | Removed |
| 261 | Disputed Ownership: NFTs and other digital items visible on OpenSea may be subject to ownership disputes. | — | Removed |
| 265 | This responsibility extends to any taxes that may be associated with other activities on the Platform, such as those related to any promotional programs or any other benefits you may receive related to your use of the Platform. | 185 | This responsibility extends to any taxes that may be associated with other activities on the Platform, such as those related to any Rewards Programs or other promotional programs or any other benefits you may receive related to your use of the Platform. |
| 269 | Third-Party Dependencies: The Platform relies on third-party vendors and services, and any disruptions with these providers may negatively impact your experience. | — | Removed |
| 271 | This includes items that become unviewable or inaccessible due to blockchain-related issues. | 190 | This includes items that become unviewable or inaccessible due to blockchain-related issues. 8.3 Limitation of Liability To the fullest extent permitted by law: OpenSea, its affiliates, and its service providers shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, revenue, data, or goodwill, arising out of or related to your use of the Platform. |
| 272 | Limitation of Liability To the fullest extent permitted by law: OpenSea, its affiliates, and its service providers shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, revenue, data, or goodwill, arising out of or related to your use of the Platform. | — | Removed |
| 275 | Exceptions: Some jurisdictions may not allow the exclusion or limitation of liability for certain damages, so these limitations may not apply to you. | 193 | Exceptions: Some jurisdictions may not allow the exclusion or limitation of liability for certain damages, so these limitations may not apply to you. 8.4 Indemnification By using the Platform, you agree, to the fullest extent permitted by law, to indemnify, defend, and hold harmless OpenSea and its affiliates, and its and their respective employees, directors, contractors, service providers, agents, and representatives (collectively, the "OpenSea Parties") from and against all claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or relating to: Your use or misuse of the Platform, including but not limited to feedback or content you provide through the Platform, your engagement with NFTs, other digital items and other content visible on the Platform, and your interactions with other users. |
| 194 | Your breach of these Terms or applicable laws. | ||
| 195 | Your violation of the rights of third parties, including intellectual property or contractual rights. | ||
| 196 | Your negligence or willful misconduct. | ||
| 197 | Disputes over ownership or validity of NFTs and other digital items visible on OpenSea. | ||
| 198 | You agree to notify OpenSea promptly of any claims and to cooperate with OpenSea in defending such claims. | ||
| 199 | OpenSea reserves the right to assume exclusive control of the defense and settlement of any claims. 9. | ||
| 279 | OpenSea does not provide dispute resolution services for disagreements between users or third parties, which must be resolved independently. | 203 | OpenSea does not provide dispute resolution services for disagreements between users or third parties, which must be resolved independently. 9.1 Agreement to Arbitrate and Informal Dispute Resolution You agree that any dispute, controversy, or claim arising out of or related to your use of the Platform, products sold or distributed through the Platform, or your relationship with OpenSea will be resolved on an individual basis exclusively through binding arbitration, except: Small Claims Court: Claims that qualify may be resolved in small claims court, provided they remain on an individual basis. |
| 280 | Agreement to Arbitrate You agree that any dispute, controversy, or claim arising out of or related to your use of the Platform, products sold or distributed through the Platform, or your relationship with OpenSea will be resolved on an individual basis exclusively through binding arbitration, except: Small Claims Court: Claims that qualify may be resolved in small claims court, provided they remain on an individual basis. | — | Removed |
| 283 | Informal Dispute Resolution Before commencing arbitration, you must initiate an informal dispute resolution process by sending a written notice describing your claim and desired resolution to: OpenSea, Attn: Legal Department 66 W Flagler St, Suite 929 Miami, FL 33130, USA Both parties agree to meet and confer (via telephone, videoconference, or in person) to attempt to resolve the dispute in good faith. | 206 | Before commencing arbitration, you must initiate an informal dispute resolution process by sending a written notice describing your claim and desired resolution to: OpenSea, Attn: Legal Department 66 W Flagler St, Suite 929 Miami, FL 33130, USA Both parties agree to meet and confer (via telephone, videoconference, or in person) to attempt to resolve the dispute in good faith. |
| 285 | If the dispute is not resolved within 30 days, either party may proceed with arbitration, small claims court, or legal claims for intellectual property issues. | 208 | If the dispute is not resolved within 30 days, either party may proceed with arbitration, small claims court, or legal claims for intellectual property issues. 9.2 Delegation and Arbitrator Authority Any dispute between OpenSea and you regarding the construction, interpretation, or application of this Arbitration Agreement, including the enforceability, severability, revocability, scope, or validity of this Arbitration Agreement, shall be decided by an arbitrator and not by a court or judge. |
| 286 | Delegation Any dispute between OpenSea and you regarding the construction, interpretation, or application of this Arbitration Agreement, including the enforceability, severability, revocability, scope, or validity of this Arbitration Agreement, shall be decided by an arbitrator and not by a court or judge. | 209 | The arbitrator has the exclusive authority to: Determine the scope and enforceability of this arbitration agreement. |
| 287 | Arbitration Process Rules and Forum: Arbitration will be conducted by JAMS, an alternative dispute resolution provider, under its Streamlined Arbitration Rules (for claims under $250,000) or Comprehensive Arbitration Rules (for claims above $250,000). | 210 | Resolve disputes related to the interpretation, applicability, or formation of this agreement. |
| 211 | The arbitrator may award the same relief on an individual basis that a court could award, including monetary damages and injunctive relief. | ||
| 212 | All decisions are final and binding. 9.3 Arbitration Process, Waiver of Jury Trial, and Class Action Waiver Rules and Forum: Arbitration will be conducted by JAMS, an alternative dispute resolution provider, under its Streamlined Arbitration Rules (for claims under $250,000) or Comprehensive Arbitration Rules (for claims above $250,000). | ||
| 292 | The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. | 217 | Jury Trial Waiver: By agreeing to this arbitration agreement, you waive your constitutional and statutory rights to sue in court and have a trial before a judge or jury. |
| 293 | Judgments rendered by the arbitrator may be entered in any court with proper jurisdiction. | — | Removed |
| 294 | Arbitrator Authority The arbitrator has the exclusive authority to: Determine the scope and enforceability of this arbitration agreement. | — | Removed |
| 295 | Resolve disputes related to the interpretation, applicability, or formation of this agreement. | — | Removed |
| 296 | The arbitrator may award the same relief on an individual basis that a court could award, including monetary damages and injunctive relief. | — | Removed |
| 297 | All decisions are final and binding. | — | Removed |
| 298 | Waiver of Jury Trial and Class Actions Jury Trial Waiver: By agreeing to this arbitration agreement, you waive your constitutional and statutory rights to sue in court and have a trial before a judge or jury. | — | Removed |
| 303 | Severability and Survival If any part of this arbitration agreement is found invalid or unenforceable, that part will be severed, and the remainder will remain in effect. | 222 | The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. |
| 223 | Judgments rendered by the arbitrator may be entered in any court with proper jurisdiction. 9.4 Severability, Survival, and Modification If any part of this arbitration agreement is found invalid or unenforceable, that part will be severed, and the remainder will remain in effect. | ||
| 305 | Modification of Arbitration Terms If OpenSea makes material changes to this arbitration agreement, you may reject the changes within 30 days of their effective date by notifying OpenSea in writing at: OpenSea, Attn: Legal Department 66 W Flagler St, Suite 929, Miami, FL 33130 If you reject the changes, the prior version of this arbitration agreement will remain in effect. | 225 | If OpenSea makes material changes to this arbitration agreement, you may reject the changes within 30 days of their effective date by notifying OpenSea in writing at: OpenSea, Attn: Legal Department 66 W Flagler St, Suite 929 Miami, FL 33130, USA If you reject the changes, the prior version of this arbitration agreement will remain in effect. 9.5 Governing Law and Venue These Terms and your access to and use of the Platform shall be governed by and construed and enforced in accordance with the laws of the State of New York (without regard to conflict of law rules or principles of the State of New York, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). |
| 306 | Governing Law and Venue These Terms and your access to and use of the Serviceshall be governed by and construed and enforced in accordance with the laws of the State of New York (without regard to conflict of law rules or principles of the State of New York, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). | — | Removed |
| 308 | Any dispute between the parties that is not subject to arbitration as set forth in Section 13 or cannot be heard in small claims court, shall be resolved in the state or federal courts of Miami-Dade County in the State of Florida, and the United States, respectively, sitting in the State of Florida. | 227 | Any dispute between the parties that is not subject to arbitration as set forth in "Arbitration Agreement" or cannot be heard in small claims court, shall be resolved in the state or federal courts of Miami-Dade County in the State of Florida, and the United States, respectively, sitting in the State of Florida. 10. |
| 309 | Termination OpenSea reserves the right to suspend, restrict, disable, terminate, or delete your Account or your access to the Service (in whole or in part) at any time, with or without notice, and for any or no reason. | 228 | Termination OpenSea reserves the right to suspend, restrict, disable, terminate, or delete your Account or your access to the Platform (in whole or in part) at any time, with or without notice, and for any or no reason. |
| 313 | All provisions of these Terms that by their nature should survive termination, including but not limited to ownership, indemnification, disclaimers, limitations of liability, dispute resolution, and export compliance, will remain in effect. | 232 | All provisions of these Terms that by their nature should survive termination, including but not limited to ownership, indemnification, disclaimers, limitations of liability, dispute resolution, and export compliance, will remain in effect. 11. |
| 314 | Miscellaneous Terms Severability If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect. | 233 | Miscellaneous Terms If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect. |
| 315 | Remedies for Breach of Terms You agree that any breach of these Terms may result in irreparable harm to OpenSea, for which monetary damages would not be an adequate remedy. | 234 | You agree that any breach of these Terms may result in irreparable harm to OpenSea, for which monetary damages would not be an adequate remedy. |
| 317 | California Residents If you are a California resident, in accordance with Cal. | 236 | If you are a California resident, in accordance with Cal. |
| 320 | Entire Agreement These Terms, along with any policies incorporated by reference, constitute the entire agreement between you and OpenSea regarding your use of the Service and supersede all prior agreements or understandings. | 239 | These Terms, along with any Additional Terms and policies incorporated by reference, constitute the entire agreement between you and OpenSea regarding your use of the Platform and supersede all prior agreements or understandings. |
| 321 | Assignment You may not assign or transfer your rights under these Terms without OpenSea's prior written consent. | 240 | You may not assign or transfer your rights under these Terms without OpenSea's prior written consent. |
| 323 | Waiver The failure of either party to assert any right or enforce any provision shall not constitute a waiver of that right or provision. | 242 | The failure of either party to assert any right or enforce any provision shall not constitute a waiver of that right or provision. |
| 324 | Interpretation Section headings are for reference only and do not affect the interpretation of these Terms. | 243 | Section headings are for reference only and do not affect the interpretation of these Terms. |
| 325 | For purposes of this these Terms, (a) the words "include," "includes," and "including" will be deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to these Terms as a whole; and (d) unless the context otherwise requires, defined terms in the singular shall include their plural forms, and defined terms in the plural shall include their singular forms. | 244 | For purposes of these Terms, (a) the words "include," "includes," and "including" will be deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to these Terms as a whole; and (d) unless the context otherwise requires, defined terms in the singular shall include their plural forms, and defined terms in the plural shall include their singular forms. |
| 328 | Third-Party Beneficiaries Except as explicitly provided in these Terms or Apple's EULA (e.g., Apple as a third-party beneficiary for App Store-related terms), these Terms are intended solely for the benefit of the parties and do not create rights for third parties. | 247 | You are responsible for providing the necessary device, internet connection, and other services to use the OpenSea mobile application ("App"). |
| 248 | OpenSea does not guarantee compatibility with all devices or geographic availability. | ||
| 249 | For users accessing OpenSea via iOS, Apple's Standard End User License Agreement ("EULA") applies in addition to these Terms of Service. | ||
| 250 | In the event of a conflict between these Terms and Apple's EULA, Apple's EULA will govern solely with respect to the use of OpenSea on iOS devices. | ||
| 251 | Except as explicitly provided in these Terms or Apple's EULA (e.g., Apple as a third-party beneficiary for App Store-related terms), these Terms are intended solely for the benefit of the parties and do not create rights for third parties. | ||
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