Well for one, you changed your TOS without informing a mod, so the verified is void and the thread should be closed and you should receive a warning for doing that.
Also if a guy in the chat box asks "who does fire capes" you respond "me" How are they automatically agreeing to your tos if they haven't posted here or even knew you had a thread. Use your head...
This is for your protection just in case someone gets banned and never read your tos and you can't prove they read it because they didn't post on the thread. You will be 100% liable for the refund.
All the threads you linked from the few I read are correct. In order to accept your TOS they need to post on the thread, or other wise we have no record of them actually reading your tos. Therefore YOU are responsible. This thread just makes you look like you can't read.