The agreement is governed by California law, with exclusive jurisdiction for any permitted court proceedings in Los Angeles County, California state and federal courts.
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
This clause establishes California as the governing law and Los Angeles County as the exclusive venue for any litigation not subject to arbitration, which may create a practical barrier for users located outside California who need to pursue court proceedings.
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 →The updated terms establish a formal opt-in creator program for UK users that permits Whatnot to collect, edit, modify, translate, and promote user-submitted content (videos, images, captions, account information) across its own channels and third-party platforms (TikTok, Instagram, paid social) for one year from submission. Under the revised framework, creators who participate must provide raw video files, tax documentation, and payment information before receiving program benefits, and Whatnot retains discretion to reject submissions, change reward amounts, or terminate the program entirely. Whatnot is not responsible for payment delays caused by incomplete documentation. You can decline participation entirely by not submitting content to the program, or submit selectively and control what content you make available.
View change record →Changed 'will be' to 'shall be' and added 'construed in accordance with', removed reference to 'Dispute Resolution section', and added qualifier 'To the extent that any lawsuit or court proceeding is permitted hereunder'.
View full change record →Under this clause, disputes proceeding to court must be litigated in Los Angeles County, California under California law, regardless of the user's location. This applies to the limited categories of claims excluded from arbitration.
How other platforms handle this
These Terms shall be governed by the laws of the State of California, excluding its conflicts of law rules, and the federal laws of the United States. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California...
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice o...
These Terms are governed by the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provisions. Any disputes not subject to arbitration will be resolved in the state or federal courts located in Hennepin County, Minnesota.
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"These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Whatnot agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.— Excerpt from Whatnot's Whatnot Terms of Service
1. REGULATORY LANDSCAPE: Forum selection and choice of law clauses in consumer contracts are subject to challenge under state consumer protection statutes and federal procedural rules. California courts apply the governing law clause to the extent it does not violate fundamental public policy of the user's home state. EU and UK consumer protection frameworks may limit the enforceability of California-only forum selection clauses for users in those jurisdictions. 2. GOVERNANCE EXPOSURE: Low. California is Whatnot's home jurisdiction and the governing law selection is standard for a California-incorporated company. The practical effect is limited given the mandatory arbitration clause applies to most disputes. 3. JURISDICTION FLAGS: EU and UK users may have mandatory rights to litigate in their home jurisdiction under applicable consumer protection directives, which may override the Los Angeles forum selection clause. 4. CONTRACT AND VENDOR IMPLICATIONS: Sellers and partners located outside California should assess whether the governing law and forum selection clauses are consistent with their own contractual risk management, particularly for commercial disputes not subject to arbitration. 5. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the California forum selection clause is enforceable for international users under applicable consumer protection frameworks, and whether additional dispute resolution pathways should be disclosed for EU and UK users.
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This clause establishes California as the governing law and Los Angeles County as the exclusive venue for any litigation not subject to arbitration, which may create a practical barrier for users located outside California who need to pursue court proceedings.
Under this clause, disputes proceeding to court must be litigated in Los Angeles County, California under California law, regardless of the user's location. This applies to the limited categories of claims excluded from arbitration.
ConductAtlas has identified this type of provision across 201 platforms. See the full comparison.
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