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
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.
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
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...
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.
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
"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
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 …
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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.
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.
ConductAtlas has identified this type of provision across 266 platforms. See the full comparison.
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