That click-through contract seems to be on increasingly shaky ground. Also contracts between two parties are unable to override the operation of criminal law between one of them and a third party.

The (for example) World of Warcraft terms of use do not limit tort between the users themselves. In fact, Blizzard's argued that way in court.

Also, we're including virtual environments where rights may be vested in the users as a part of the terms of service.