The ESRB rating isn't the "Law," it's an age rating. This doesn't apply.
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Why are you replying to him? The quote is verbatim from Bungie's ToS. You should be sending your legal advice to them, so that their legal department might benefit from your counsel.
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I'm replying to him because the ESRB has no legal or governmental standing, it's a rating based on appropriate content for the consumer. It's not illegal for an 11 year old to play a rated T game.
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Again, your advice would be better aimed at Bungie's legal department, who seem to have put wording prohibiting children under 13 in their ToS, for no apparent reason. Clearly, they could do with the benefit of your legal advice.
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There's no legal reprocussion. That's what I'm pointing out here.
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Bungie's legal department seems to think there is. You should be pointing out to [i]them[/i], rather than wasting your talent here.