This analysis describes what OpenSea's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
While this clause provides basic COPPA compliance, it places the burden on OpenSea's own discovery rather than requiring active age verification, leaving a potential compliance gap.
OpenSea's terms require all users to resolve disputes through individual binding arbitration, removing the ability to sue in court or participate in class action lawsuits, which is particularly significant given the financial risks associated with NFT trading. The platform disclaims responsibility for NFT authenticity, value, smart contract failures, or fraudulent listings, meaning users bear substantial risk if something goes wrong with a transaction. You can review OpenSea's arbitration opt-out process described in the terms and submit a written opt-out request within the specified deadline window after account creation if you wish to preserve your right to court-based dispute resolution.
How other platforms handle this
The Services are not directed to children under the age of 13. We comply with the Children's Online Privacy Protection Act (COPPA). If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you a...
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to a...
The Service is not directed to children under the age of 13. We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. If we learn that we have collected personal information from a child under age 13, we will ...
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"The Services are not directed to children who are under the age of 13. OpenSea does not knowingly collect personally identifiable information from children under the age of 13. If we become aware that a child under 13 has provided us with personal information, we will take steps to remove such information and terminate the child's account.— Excerpt from OpenSea's OpenSea Terms of Service
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While this clause provides basic COPPA compliance, it places the burden on OpenSea's own discovery rather than requiring active age verification, leaving a potential compliance gap.
ConductAtlas has identified this type of provision across 6 platforms. See the full comparison.
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