I believe TOS is binding as long as it doesn't conflict with the law. If something is deemed fair use under the law, TOS cannot override those legal rights.
Sure there are limits, but they seem to apply to really egregious things like selling your life or vote. We're talking about signing away the right to fair use, not entering into indentured servitude. People sign non-disparagement agreements all the time and this seems more like that than slavery.
