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for all of those who think ToS are the end all be all you are flat out wrong. You can't contract yourself out of your legal rights. Any term in any Tos or EULA that contradicts actual law is null and void. A ToS or EULA is just a contract, not law, and is therefore open to interpretation, and possibly not binding or legal. The EU is especially harsh as they have more consumer rights, but even in the US the same applies.