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.
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 →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 →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 →Current version expands scope to explicitly include livestreams and adds promotional purposes in addition to platform use.
View full 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.
How other platforms handle this
we may closely review accounts that offer the following services, products, or content: Online trading, day trading tips, and stock market related content
Paid Subscribers can select whether Content is public or private.
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.
"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
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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 263 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whatnot.