IANAL either but ToS are not superseding the law. It's not because somebody they claim their action will have no consequence that they do. It's a bit like a kid

IANAL either but ToS are not superseding the law. It's not because somebody they claim their action will have no consequence that they do. It's a bit like a kid playing a game shouting "I won!". Sure, you can say that, it doesn't make it true.