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
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 →How other platforms handle this
Don't create or share defamatory or libelous content that could damage someone's reputation or falsely portray them in a harmful way.
Content that is unoriginal, plagiarized, or copied from another individual or organization.
Using a Stock Avatar to create, offer or sell any non-fungible tokens (NFTs), or incorporating any Stock Avatars therein.
"Not to violate the intellectual property rights of others or create and display illegal content.Excerpt from OpenSea's Terms of Service
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Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.
The clause states: “Not to violate the intellectual property rights of others or create and display illegal content.”
ConductAtlas has identified this type of provision across 237 platforms. See the full comparison.
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