No. it's not opt out. it's "how do you want to share it?". Tell me where exactly this "opt-out" is, i would like to know.

No, I don't give permission by using the site. That's blatanly dishonest to say that. They already mention that already.

I understand you wrote the new TOS, but I'm not sure how you are understanding Goog's TOS. It's always opt-in. probably the only opt out i know of is from their search crawler for websites.