This analysis describes what Whatnot'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 clause establishes the operational scope of Whatnot's rights to exploit user-generated content across distribution channels without ongoing compensation. The sublicense provision permits Whatnot to authorize third parties to exercise these same rights, extending the platform's control over content usage beyond its own direct operations.
The updated terms establish mandatory arbitration as the exclusive dispute resolution mechanism for influencers, replacing direct court access in California and Australia. Under the revised language, any dispute with Whatnot must proceed through arbitration under the main Terms of Service, which includes a class action waiver. This means influencers cannot bring class or collective claims and cannot access court proceedings except where the main Terms of Service explicitly permits. The practical effect is that individual influencers seeking to resolve disagreements with Whatnot over payments, account suspension, content disputes, or contractual interpretation must use arbitration rather than litigation.
View change record →Australian sellers using Whatnot are now required to resolve all disputes through arbitration rather than through Australian courts. The updated terms state that disputes will be resolved exclusively under the main Terms of Service arbitration provisions, removing the previous option to bring legal action in Los Angeles courts or pursue jury trials. The terms no longer include language allowing court proceedings, except where the main Terms of Service expressly permit.
View change record →Strategic sellers on Whatnot are now subject to mandatory arbitration for all disputes with the platform instead of having access to California courts. The updated agreement states that arbitration under the main Terms of Service is the exclusive forum and procedure for resolving disputes, except only to the extent the Terms of Service expressly permit otherwise. This removes the right to jury trial and appeal to higher courts, streamlining dispute resolution to a single binding arbitration proceeding. You can review the arbitration provisions in Section 21 of Whatnot's main Terms of Service to understand the specific procedures and limitations that will apply to any dispute.
View change record →Users who post content on Whatnot grant the platform broad permission to adapt, modify, and distribute that content in any media format without additional payment or approval. The non-exclusive nature of the license permits users to retain their own rights while Whatnot retains parallel rights to the same content.
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"By posting, submitting, or displaying content on or through Whatnot, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods now known or later developed.— Excerpt from Whatnot's Whatnot Terms of Service
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The clause establishes the operational scope of Whatnot's rights to exploit user-generated content across distribution channels without ongoing compensation. The sublicense provision permits Whatnot to authorize third parties to exercise these same rights, extending the platform's control over content usage beyond its own direct operations.
Users who post content on Whatnot grant the platform broad permission to adapt, modify, and distribute that content in any media format without additional payment or approval. The non-exclusive nature of the license permits users to retain their own rights while Whatnot retains parallel rights to the same content.
ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whatnot.