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
New York law governs any dispute arising from the Terms or Service use, meaning users' legal rights and remedies are determined by New York's legal framework regardless of where the user is located.
The updated terms establish new age-based access restrictions: users aged 13-18 (or 16-18 in the EEA) may now use OpenSea only with parental or guardian approval and oversight, while users under 13 (or 16 in the EEA) are prohibited entirely. The terms also introduce an embedded wallet feature through Privy, governed by separate Wallet & Onramp Terms of Use between the user and Sea Trove LLC, a subsidiary of OpenSea's parent company; OpenSea explicitly states it does not operate or control this wallet. Additionally, the updated terms expand prohibited user conduct to include name squatting, spam distribution, and impersonation, and require users to conduct their own research before transacting. Parents or guardians of teen users should review the new parental oversight requirements and the separate wallet terms if their child uses the embedded wallet feature.
View change record →Users' rights and obligations under the Terms are assessed under New York State law, which may differ from the laws of the user's own jurisdiction.
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The Agreement is governed by the laws of the State of California, excluding conflicts of law provisions.
Any disputes or claims not subject to arbitration, as set forth in this section, will be resolved exclusively in the federal or state courts of New York, New York, and you and we consent to personal jurisdiction in those courts.
If you are an individual consumer in an Applicable Country that requires consumer contracts to be governed by the laws of the Applicable Country, the Terms will be governed by the laws of the Applicable Country...
"These Terms and your access to and use of the Serviceshall be governed by and construed and enforced in accordance with the laws of the State of New YorkExcerpt from OpenSea's Terms of Service
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New York law governs any dispute arising from the Terms or Service use, meaning users' legal rights and remedies are determined by New York's legal framework regardless of where the user is located.
Users' rights and obligations under the Terms are assessed under New York State law, which may differ from the laws of the user's own jurisdiction.
ConductAtlas has identified this type of provision across 263 platforms. See the full comparison.
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