I think that might not be the safe thing to do, if I understand it correctly if you claim to be “not for kids” the FCC will look at you anyway see that you’re talking about videogames and say you are non-compliant and sue you for it.
Since you do not generate revenue from your videos anyway and mostly just use youtube as a video host for serving your content embedded elsewhere you should probably mark yourself as “for kids” to be safe. Not sure if making your videos unlisted helps either.
Although there’s another thing this video also did not go into. What other regulations are there, are there content limitations on what can be in videos that ARE marked “for kids”?
Lets say you make a video about videogames that contains adult language and/or visuals I see the possibility of troubles either way.
If you mark it as “not for kids” as it IS but the clueless FTC regulators take a brief look, say it’s about videogames so they deem it for kids and sue you for failing to mark your video properly. Or you mark it as “for kids” and the FTC checks your video and upon seeing swearing/gore/sexual content/financial advice say this video is clearly not for kids and still sue you for failing to mark your video properly.
I suppose one must actually read the new laws and understand them to make that decision.