Yes, it's in their ToS that you agreed to. Full stop. End of discussion. You agreed to terms that are not good for you. Deal with it and learn to read things before you agree to them.
Does not matter if you are a scammer or not, I think you are but that is not important for this discussion.

They said they could keep your money and they are keeping your money, you can come here and cry about it, but none of us really care.
You look like a scammer from all the info they provided, but that is not the point. They can keep your money because they is what you agreed to. The fact that you are a scammer just makes it look better for them. IF they said we confiscated the XMR because the ToS said we could they would still be within their rights.

-Dave