Provision record
OpenSea · OpenSea Terms of Service · View original document ↗

Governing Law and Venue

Low severity High confidence Explicitdocumentlanguage Common · 271 of 352 platforms
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Document Record

What it is

The agreement is governed by Delaware law, and any disputes not resolved through arbitration must be litigated in state or federal courts in New York County, New York.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision requires users outside of New York to submit to New York court jurisdiction for non-arbitrated disputes, which may create practical barriers to litigation for users located in other U.S. states or internationally.

Clause Stability Stable

0
Changes
3
Months Monitored
May 20, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 1549 other provisions on other platforms.

Consumer impact (what this means for users)

Under this clause, any dispute not subject to the arbitration requirement is subject to Delaware law and must be litigated in New York County courts. Users located outside New York who bring non-arbitrated claims must do so in New York jurisdiction.

How other platforms handle this

Perplexity AI Medium

These Terms are governed by the laws of the State of California, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 9, or if arbitration does not apply, then the state and fe...

Tinder Medium

In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.

ZipRecruiter Medium

If you are accessing the Website from a location outside the EEA, U.K., or Canada, you understand that we apply U.S. law and the U.S. advertising industry self-regulatory program to Tracking Technologies associated with the Website.

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Monitoring

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▸ View Original Clause Language DOCUMENT RECORD
"
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you agree to submit to the personal jurisdiction of the state and federal courts located in New York County, New York.

Excerpt from OpenSea's Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

REGULATORY LANDSCAPE: Governing law and venue clauses interact with state consumer protection statutes that may apply regardless of contractual choice of law, particularly in California, where the CLRA and UCL provide mandatory protections that courts may apply notwithstanding a Delaware governing law clause. EU and UK consumers retain rights under mandatory local law that cannot be displaced by contractual governing law designations. GOVERNANCE EXPOSURE: Low to Medium. Delaware governing law and New York venue are standard features of U.S. technology platform agreements; however, consumer protection law in many U.S. states and internationally may apply regardless of the contractual choice. JURISDICTION FLAGS: EU consumers retain jurisdiction rights under the Brussels I Regulation that may allow them to sue in their home jurisdiction despite a New York venue clause. UK consumers have similar protections. California consumers may have non-waivable rights under state consumer protection statutes. CONTRACT AND VENDOR IMPLICATIONS: B2B partners and institutional integrators should assess whether Delaware governing law is acceptable for their contract review purposes and whether New York venue creates logistical or cost considerations for dispute management. COMPLIANCE CONSIDERATIONS: Legal teams advising international clients should document that local mandatory consumer protection law may apply notwithstanding the Delaware governing law clause, and that the New York venue requirement does not necessarily displace applicable international jurisdictional rules.

Full institutional analysis

Regulatory citations, enforcement risk, and due diligence action items.

Applicable agencies

  • State AG
    State Attorneys General may have authority to challenge governing law clauses that attempt to displace mandatory state consumer protection provisions
    File a complaint →

Applicable regulations

FAA
United States Federal

Provision details

Document information
Document
OpenSea Terms of Service
Entity
OpenSea
Document last updated
May 5, 2026
Tracking information
First tracked
May 20, 2026
Last verified
May 20, 2026
Record ID
CA-P-012550
Document ID
CA-D-00209
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
0f74281d8f79e2386a4b3a216f230e884e2732cb822684d5e45314916921111c
Analysis generated
May 20, 2026 22:41 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenSea
Document: OpenSea Terms of Service
Record ID: CA-P-012550
Captured: 2026-05-20 22:41:24 UTC
SHA-256: 0f74281d8f79e238…
URL: https://conductatlas.com/platform/opensea/opensea-terms-of-service/provision/CA-P-012550/governing-law-and-venue/
Accessed: July 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Low
Categories

Other risks in this policy

Governance intelligence across arbitration, AI governance, data rights, indemnification, and retention

Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.

Frequently Asked Questions

What does OpenSea's Governing Law and Venue clause do?

This provision requires users outside of New York to submit to New York court jurisdiction for non-arbitrated disputes, which may create practical barriers to litigation for users located in other U.S. states or internationally.

How does this clause affect you?

Under this clause, any dispute not subject to the arbitration requirement is subject to Delaware law and must be litigated in New York County courts. Users located outside New York who bring non-arbitrated claims must do so in New York jurisdiction.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 271 platforms. See the full comparison.

Is ConductAtlas affiliated with OpenSea?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenSea.