the issue really is that a lot of people, I am tempted to say most but that might be hyperbole, do not read what it is they are signing up for

yes I too have sympathy with threedragon and others, but it is a lesson there that has to be learned

what xara/magix could do, as some other companies do, is make sure you cannot press the accept button until you have at least accessed the link and scrolled down to the bottom - they still cannot make you read it, but at least then they have covered themselves from users who are unfamiliar with the way these things work coming back and saying they were unaware of this