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
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.
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 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 →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.
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"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 Whatnot Terms of Service
1. REGULATORY LANDSCAPE: This provision engages U.S. copyright law, the FTC Act (concerning disclosure of content use practices), and potentially GDPR and UK GDPR for EU and UK users where user content may include personal data and where processing consent requirements apply. State privacy laws including CCPA may interact with content that constitutes personal information. The FTC is the primary federal authority; EU data protection authorities hold enforcement authority for EU users. 2. GOVERNANCE EXPOSURE: Medium. The sublicensable and transferable scope of the license, combined with the reference to Whatnot's broader business and its successors and affiliates, means the content license may survive changes in Whatnot's corporate structure, including acquisitions. This is a governance consideration for due diligence in M&A contexts. 3. JURISDICTION FLAGS: EU and UK users face heightened exposure because user content may include personal data, and broad content licenses may require a lawful basis under GDPR beyond contract necessity. California users may have additional rights under CCPA regarding personal information included in content. 4. CONTRACT AND VENDOR IMPLICATIONS: The sublicensable and transferable nature of the license means third-party recipients of sublicensed content operate under this grant, which may raise questions in vendor or partner agreements about content ownership and use rights. Procurement and partnership teams should assess whether sublicensed content use is consistent with their own content governance frameworks. 5. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the scope of permitted content uses, particularly derivative works and use in connection with Whatnot's broader business, is adequately disclosed to users at the point of content submission, and whether additional consent mechanisms are required for EU and UK users under applicable data protection law.
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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.
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.
ConductAtlas has identified this type of provision across 34 platforms. See the full comparison.
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