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

Governing Law and Jurisdiction

Low severity Medium confidence Explicit document language Common · 266 of 352 platforms
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Document Record

What it is

Any legal issues related to OpenSea's terms are governed by New York state law, and the UN international sales convention does not apply.

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)

New York governing law means users in other states or countries may need to assess how their local rights interact with New York law, and the exclusion of international sales conventions limits certain cross-border buyer protections.

Interpretive note: The enforceability of the New York governing law clause against non-US consumers depends on the mandatory consumer protection law of their home jurisdiction, which varies significantly across the EU, UK, and other markets.

Clause Stability Stable

0
Changes
4
Months Monitored
May 7, 2026
First Seen
May 20, 2026
Last Seen
This clause type exists across 1500 other provisions on other platforms.

Consumer impact (what this means for users)

Users outside New York, including international users, are subject to New York law for dispute resolution purposes, which may limit the application of local consumer protection laws depending on the jurisdiction and the nature of the claim.

How other platforms handle this

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.

Instacart Medium

For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware

Plaid Medium

These Terms are governed by the laws of the State of California and the United States without regard to conflicts of laws provisions

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Excerpt from OpenSea's Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

REGULATORY LANDSCAPE: Choice of law clauses selecting New York law are generally enforceable in commercial contexts under US conflict of laws principles, but consumer protection laws in a user's home jurisdiction may override contractual choice …

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

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 10, 2026
Last verified
May 10, 2026
Record ID
CA-P-005095
Document ID
CA-D-00209
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
b6cc24ed9edce9d727ade87ee5910c85986dbcb3f29241303f7fabcb408e5bd6
Analysis generated
May 10, 2026 01:32 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenSea
Document: OpenSea Terms of Service
Record ID: CA-P-005095
Captured: 2026-05-10 01:32:26 UTC
SHA-256: b6cc24ed9edce9d7…
URL: https://conductatlas.com/platform/opensea/opensea-terms-of-service/provision/CA-P-005095/governing-law-and-jurisdiction/
Accessed: Sept. 9, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Low
Categories

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Frequently Asked Questions

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

New York governing law means users in other states or countries may need to assess how their local rights interact with New York law, and the exclusion of international sales conventions limits certain cross-border buyer protections.

How does this clause affect you?

Users outside New York, including international users, are subject to New York law for dispute resolution purposes, which may limit the application of local consumer protection laws depending on the jurisdiction and the nature of the claim.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 266 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.