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People can put anything they want in their terms, no-one reads those things anyway. They can write that they will own your house and kill your mother if you agree to the terms and people will still scroll right past it and click on 'agree'.
In fact there was a company not too long ago who did almost exactly that. I believe that they changed their terms on April 1st to include this:
"By agreeing to these terms you sell your soul to this company."
They were trying to prove that no one reads the damn things and no-one did. Two weeks later they offered everyone who sold their soul to them to get it back for free.
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That's what I'm saying... People don't bother....
However it's most likely also because of the extreme length and difficulty of the language. Sometimes I think it should be a law to keep these things under a certain length and to use more understandable language. Or have a short version of it. It's kind of unfair to people who just wanna use a product. But it's really a fine line between it being their product, and being their say how they wanna present it, and how they'll allow you to use it, and the average users feelings they deserve something too.
I think in the end it probably is the company's choice, but on closer thoughts, they could actually pose a potential danger by having EULAS/ToS that are too long and difficult to read. Thus rather purposely 'trapping' people with them or something.
I don't bother with them. I mostly already know what they contain. And of course they can't put anything in there that conflicts with the law(hopefully o_o !! ).
It's quite obvious that google would track my behavior and shit like that.