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FrancisNobleman said:

I'm sorry how do you draw such conclusion ? I don't understand legal statements at all. Data mining involves what ?

Data mining is collecting huge amounts of data and then sifting through it to discover patterns of behavior, for the purposes of, say, advertising. It's been speculated that this is a large part of the reason why Microsoft wants you connected 24/7, and why they want you to keep Kinect on 24/7. Also, the timing of the breaking of the PRISM story (US government demanding information about customers from companies, including Microsoft) couldn't be any worse.

The class action waiver part speaks for itself. They're saying you don't have the right to join a class action suit against them. This is pretty common, actually, and doesn't always hold up in court. I think Sony put this in their TOS after the PSN hack (equally funny, and equally unenforceable). But it's especially funny to see MS insisting that you agree to waive whatever rights you'll have left after they finalize the Xbone's policies.