Regardless of how much you talk about "legal interpretation", to me it is still a dubious claim that has not been tested (and unless this goes on trial, with an outcome, it will remain this way). Besides, we have seen from various corporate battle that just about anything can be argued and defended with another team of lawyers. I am not sufficiently interested to bother my solicitor friends just so that I can come back and say "Well my lawyer friend say that...". Because for a start you can't verify my claims, any more than I can't verify what your claims, and I have no intention of dragging them into an tedious internet debate where I have nothing to gain. I am more interested is what a average person have to say based on the evidence.
You can continue to claim that they didn't use term like "We guarantee" or "I swear that" or whatever you deem necessary to be an iron clad promise. And I will continue to say such terms aren't necessary to heavily imply a particular outcome (and not the one you claim). And other terms should have been used to imply uncertainty with, ahem, certainly if that was the intention. Easily done without patronising the reader and the company can't be accused of trying to pull a fast one.
You were the one suggesting that you should bill them your legal and PR services as a joke. Not that I took it seriously, but on a whim I am decided to reply it would not be in their interest, if the impression this whole thing has left on me is anything to go by. I will let others decide on the "moral and stuff", since we are simply not going to agree. I will make my last post here by re-stating that while it is clear neither of us is going to be in the same page, what really matter is what other prospective customers think. Winning the (alleged) legal argument or having fans (well, a total of 1 on this thread?) siding with the company is not meaningful if a large majority of prospective customer think you are wrong (note the if). I also think that most gamers have nothing to gain from seeing a developer fail (I know I don't), so you'd need to get something quite wrong, legally or morally, to be called on.