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

Prohibited Activities and Content Restrictions

High severity Medium confidence Explicit document language Common · 141 of 352 platforms
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Document Record

What it is

Users are prohibited from wash trading, using other users' accounts without permission, and trading digital assets that qualify as securities, and are personally responsible for their own conduct on the platform.

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)

The prohibition on trading securities-classified digital assets through OpenSea places compliance responsibility on users for determining whether assets they trade may be regulated as securities, which is a complex and evolving legal question.

Interpretive note: The classification of specific digital assets as securities under applicable law is an evolving and contested legal question, and the practical scope of this prohibition depends heavily on how courts and regulators resolve ongoing digital asset classification disputes.

Clause Stability Stable

0
Changes
4
Months Monitored
May 10, 2026
First Seen
May 20, 2026
Last Seen
This clause type exists across 351 other provisions on other platforms.

Consumer impact (what this means for users)

Users are individually responsible for ensuring their trading activity complies with applicable law, including securities law, which means users who trade digital assets later classified as securities could face regulatory exposure that OpenSea's terms do not protect against.

How other platforms handle this

Tinder Medium

If you believe Your Content was removed in error, you may submit an appeal. More information is available here.

Mailchimp Medium

We review account behavior and content that Members create, send, and publish in Mailchimp, including Campaigns and Websites.

Glassdoor Medium

We allow Content that names individuals in the highest positions in a company who have broad influence over the work environment, as long as the Content describes the individual's behavior or performance at work.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
You agree that you will not violate any laws, contracts, intellectual property rights or other third-party rights or commit a tort, and that you are solely responsible for your conduct while accessing or using our Services. You agree that you will not: use or attempt to use another user's Account without authorization from such user and OpenSea; engage in wash trading or any other deceptive or manipulative trading activities; directly or indirectly, use the Services to engage in or to facilitate the buying, selling, transferring, or trading of any digital asset that constitutes a security under applicable law.

Excerpt from OpenSea's Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

REGULATORY LANDSCAPE: The prohibition on trading securities through the platform engages SEC jurisdiction over digital asset classification, which remains actively contested in US courts and through SEC enforcement actions.

Insight

Unlock the full institutional analysis

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

Applicable agencies

  • Securities And Exchange Commission (sec)
    Regulates securities markets and investment platforms. Can investigate broker-dealers, investment advisers, and trading platforms for violations of securities laws.
    Who can file: Anyone with knowledge of a possible securities law violation
    What you need: Description of the potential violation, names of individuals or companies involved, relevant dates, and any supporting documents or evidence
    What to expect: Tips are reviewed by SEC staff. The SEC may open an investigation but is not required to take action on every tip. Whistleblowers may be eligible for financial awards if the tip leads to enforcement.
    File a complaint →
  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

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-008014
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-008014
Captured: 2026-05-10 01:32:26 UTC
SHA-256: b6cc24ed9edce9d7…
URL: https://conductatlas.com/platform/opensea/opensea-terms-of-service/provision/CA-P-008014/prohibited-activities-and-content-restrictions/
Accessed: Aug. 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does OpenSea's Prohibited Activities and Content Restrictions clause do?

The prohibition on trading securities-classified digital assets through OpenSea places compliance responsibility on users for determining whether assets they trade may be regulated as securities, which is a complex and evolving legal question.

How does this clause affect you?

Users are individually responsible for ensuring their trading activity complies with applicable law, including securities law, which means users who trade digital assets later classified as securities could face regulatory exposure that OpenSea's terms do not protect against.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 141 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.