Provision record
Whatnot · Whatnot Terms of Service · View original document ↗

User Content License

Medium severity Medium confidence Explicit document language Common · 263 of 352 platforms
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Document Record

What it is

Users grant Whatnot a royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, modify, distribute, create derivative works from, and display any content they post on the platform, for use in connection with platform operations and Whatnot's broader business.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision grants Whatnot rights over user content that extend to sublicensing and transfer to third parties, and to use in connection with Whatnot's business beyond the immediate platform context. The breadth of permitted uses, including derivative works and distribution, may require evaluation under applicable copyright law and user consent frameworks.

Interpretive note: The scope of permitted uses described as 'in connection with Whatnot's business' is not precisely bounded in the document, and the extent to which sublicensing rights may be exercised beyond core platform operations is not fully defined.

Recent Activity

This document changed recently

High Jun 24, 2026

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 →
Medium Jun 18, 2026

The updated terms establish a formal Creator Program for Australian users that defines how creators can submit content for potential monetary or credit rewards. Creators grant Whatnot a one-year, non-exclusive, worldwide license to use submitted videos across paid and organic social media, television, and other platforms, while retaining ownership of the original content. The terms require creators to clearly disclose any material connection to Whatnot, including consideration or free products received, in a form specified by Whatnot and compliant with Australian advertising standards and the AANA Code of Ethics.

View change record →
High Jun 16, 2026

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 →

Clause Stability Mostly Stable

1
Change
3
Months Monitored
May 21, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 1689 other provisions on other platforms.
This clause has changed once in 3 months of monitoring.

Change history

modified Jul 22, 2026

Current version expands scope to explicitly include livestreams and adds promotional purposes in addition to platform use.

View full change record →
modified May 30, 2026

Changed language from 'User Content' to 'content', replaced 'copy' with 'reproduce', added 'sublicensable' (instead of separate 'right to sublicense'), and expanded scope to include Whatnot's successors and affiliates' business.

View full change record →

Consumer impact (what this means for users)

Under this clause, any content posted on Whatnot, including images, video streams, and listings, may be used, modified, distributed, and sublicensed by Whatnot in connection with its business operations and by its successors and affiliates. The license is royalty-free, meaning users receive no compensation for these uses.

How other platforms handle this

Mailchimp Medium

we may closely review accounts that offer the following services, products, or content: Online trading, day trading tips, and stock market related content

Leonardo AI Medium

Paid Subscribers can select whether Content is public or private.

Tinder Medium

If Your Content is prohibited under the laws of any jurisdiction where our Services are available, we may remove it even if it is not illegal in your location.

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▸ View Original Clause Language DOCUMENT RECORD
"
By posting, uploading, or otherwise making available any content on or through the Services, you grant to Whatnot a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, and perform the content in connection with the Services and Whatnot's (and its successors' and affiliates') business.

Excerpt from Whatnot's Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1.

Insight

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Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Provision details

Document information
Document
Whatnot Terms of Service
Entity
Whatnot
Document last updated
May 5, 2026
Tracking information
First tracked
May 21, 2026
Last verified
May 21, 2026
Record ID
CA-P-012661
Document ID
CA-D-00731
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
edfabe18c30c0c9dfe08867c3872885e0d963241db8222ec0afffc7bd4e70e0c
Analysis generated
May 21, 2026 00:01 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Whatnot
Document: Whatnot Terms of Service
Record ID: CA-P-012661
Captured: 2026-05-21 00:01:17 UTC
SHA-256: edfabe18c30c0c9d…
URL: https://conductatlas.com/platform/whatnot/whatnot-terms-of-service/provision/CA-P-012661/user-content-license/
Accessed: Aug. 12, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Whatnot's User Content License clause do?

This provision grants Whatnot rights over user content that extend to sublicensing and transfer to third parties, and to use in connection with Whatnot's business beyond the immediate platform context. The breadth of permitted uses, including derivative works and distribution, may require evaluation under applicable copyright law and user consent frameworks.

How does this clause affect you?

Under this clause, any content posted on Whatnot, including images, video streams, and listings, may be used, modified, distributed, and sublicensed by Whatnot in connection with its business operations and by its successors and affiliates. The license is royalty-free, meaning users receive no compensation for these uses.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 263 platforms. See the full comparison.

Is ConductAtlas affiliated with Whatnot?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whatnot.