IT IS NOT LEGAL.
i remember hearing once that since a person has no choice but to Agree ALL of the conditions or be refused it can not be legal.
http://www.internetlibrary.com/cases/lib_case422.cfm
also i think there is some type of loop hole like it you access the game from the account of another person you may not be liable .since you did not sign the tos. but i think this case is still in the courts.
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