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
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We reserve the right to assume the exclusive defense and control of such disputes, and in any event, you agree to cooperate with us in asserting any available defenses.
We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement, and you agree to fully cooperate with us in doing so.
Indemnifying Party will have the sole authority to defend or settle a Claim
"OpenSea reserves the right to assume exclusive control of the defense and settlement of any claims.Excerpt from OpenSea's Terms of Service
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The clause states: “OpenSea reserves the right to assume exclusive control of the defense and settlement of any claims.”
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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