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Prohibited Content & Disputed Items Policy
Prohibited Content & Disputed Items Policy
Updated over a week ago

At OpenSea, we’re committed to providing a safe, trustworthy, and inclusive marketplace. Our Terms of Service prohibit using OpenSea to publish certain kinds of content, including content that infringes on intellectual property rights, stolen items, and more.

We reserve the right to moderate prohibited content and encourage users to submit reports when they see content that violates our Terms of Service.

There are multiple moderation actions that OpenSea may take when we receive reports of, or automatically detect, prohibited content:

  1. Where content violates our Terms of Service but we believe people should still have the opportunity to view it on our platform, we may opt not to feature and limit search discovery of that content or disable the buying, selling, and transferring of the associated item using OpenSea’s services. In some cases, we may remove the OpenSea fee so that we are not monetizing the content.

  2. For content that violates our policies and we believe that even viewing the content may result in harm to users, we can delist an item or collection entirely, hiding it and rendering it inaccessible and undiscoverable on OpenSea.

Our approach to moderating specific categories of prohibited content and disputed items is set forth below.

Intellectual Property Infringement

What is OpenSea’s policy on infringing content?

OpenSea will remove content that infringes on intellectual property rights (including copyrights, trademarks, and publicity rights) in accordance with applicable laws like the DMCA. This includes “copymints,” which are duplicates or close imitations of other NFTs created with the intent to deceive users. Users who are repeat infringers may have their OpenSea accounts terminated.

To balance the rights of content creators and rightsholders, OpenSea will remove content only when it constitutes clear infringement. Otherwise, OpenSea will not adjudicate disputes between third parties.

Note that only intellectual property owners and their authorized representatives are eligible to submit takedown requests for alleged infringement.

How do I report content that infringes on my intellectual property rights?

First, prepare a takedown notice containing the following information:

  1. For claims of copyright or right of publicity infringement, the notice must contain:

    • The signature of the rightsholder or other person authorized to act on their behalf. The use of a pseudonym is not permitted.

    • Identification of the copyrighted or other protected work claimed to have been infringed.

    • Direct links to the items on OpenSea along with enough descriptive details about the allegedly infringing material that we can easily locate and identify it.

    • Your contact email address.

    • A statement confirming your good faith belief that the use of the material you're reporting is unauthorized by the intellectual property owner or by law.

    • A statement under penalty of perjury that the information you have submitted to OpenSea is accurate.

  2. For claims of trademark infringement, the notice must contain:

    • The signature of the rightsholder or other person authorized to act on their behalf. The use of a pseudonym is not permitted.

    • If you are not the rightsholder, proof that you are authorized to act on behalf of the rightsholder, such as a signed letter of authorization.

    • Identification of the trademark claimed to have been infringed, including registration number and jurisdiction.

    • Direct links to the items on OpenSea along with enough descriptive details about the allegedly infringing material that we can easily locate and identify it.

    • Explanation of how the content creates a likelihood of consumer confusion with the trademark(s) at issue.

    • Your contact email address.

    • A statement confirming your good faith belief that the use of the material you're reporting is unauthorized by the intellectual property owner or by law.

    • A statement under penalty of perjury that the information you have submitted to OpenSea is accurate.

Second, submit your notice through one of these methods:

  • Chat with a member of our Support team at support.opensea.io (preferred)

  • Mail to: OpenSea, Attn: Legal Department, 66 W Flagler St, Suite 929 Miami, FL 33130

Stolen items

What is OpenSea’s policy on stolen items?

OpenSea does not permit using the platform to sell items that were stolen or fraudulently obtained. If your NFT was stolen, OpenSea will remove or flag any listing for that NFT once you provide proper documentation. After 12 months, OpenSea will re-enable listings for the item unless law enforcement requests an extended hold.

How do I report a stolen item?

To report an item as stolen, you must:

  • Obtain a police report and submit a copy of the report to OpenSea. We need this documentation to validate your claim.

  • The police report should contain:

    • Your blockchain wallet address (you can find this in your crypto wallet)

    • A list of the stolen item(s), including the OpenSea, blockchain explorer URL, or exact token ID for each item

    • A statement that the item(s) were stolen

To submit the police report with the information above, chat with a member of our Support team by reaching out through our Help Center.

Misleading content

What is OpenSea’s policy on misleading content?

OpenSea prohibits misleading collections and accounts, which often aim to trick users and may cause financial harm.

This includes items that falsely claim to be an existing collection, web2 or web3 brand, or celebrity, or falsely claim an affiliation with them. Collections or accounts that reference brands or celebrities may be permitted if they clearly disclose their unofficial nature (e.g., “fan clubs” or “unofficial”). However, any attempt to impersonate or falsely suggest official affiliation remains prohibited. For a collection or account to violate our misleading content policy, it must have both a similar name or URL and similar visual elements (such as logo, banner, etc.).

Other issues that may be violations of our misleading content policy:

  • Items with undisclosed “burn mechanisms,” which enable a smart contract associated with the item to transfer it to a wallet address that can’t be accessed by anyone.

  • Collections and accounts that simulate a fake checkmark badge, to make it appear that the collection has been reviewed under OpenSea’s verification & badging policy.

  • A harmful or malicious link anywhere on the collection or item page, including one that might result in a loss of user funds or NFTs or otherwise mislead users.

  • “Rug pulls,” or collections that don’t fulfill what they promised, such as unrevealed artwork.

This is not an exclusive list, and if you believe content on OpenSea is misleading in a way that is harmful to users, please report it.

How do I report a misleading collection or account?

Misleading items, including “copymints,” may infringe intellectual property rights, and if so, we encourage rightsholders to submit a report for intellectual property infringement as outlined above. Otherwise, to report misleading content, please do one of the following:

  1. Submit a report directly from the webpage containing the content you’d like to report by selecting the three-dot menu and clicking Report.

  2. Chat with a member of our Support team directly by reaching out using our Help Center, providing a link to the content and a brief explanation about how the content is misleading.

Other prohibited content: Hate, spam, sexual exploitation, and more

What is OpenSea’s policy on other prohibited content?

OpenSea also prohibits other kinds of content. For a full list of prohibited content, refer to the “User Conduct” section in our Terms of Service.

How do I report other prohibited content?

To report other prohibited content, please do one of the following:

  1. Submit a report directly from the webpage containing the content you’d like to report by selecting the three-dot menu and clicking Report.

  2. Chat with a member of our Support team directly by reaching out using our Help Center, providing a link to the content and a brief explanation about how the content is prohibited.

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