Sorry for saying so, but this seems like a weird axe to grind. I think your initial comment got downvoted because it seemed sort of like a backhanded criticism; but now it seems sort of like you just wanted to show that you'd read Google's TOS. I am still not sure what Google's TOS has to do with EveryMe's TOS.

Either way, "opt-in" or "opt-out" is in this case a technical distinction. EveryMe's sharing of data isn't opt-anything. They don't do it. Period. Doesn't that constitute a difference?