if you read the links i provided you would have understood
a parent takes a picture of a kid, post it on photobucket but does not list it as private is taken as given his/her permisson to use the picture because they signed away their rights to that picture. if the same parent posts the same picture on his/her private website and no one else, express permission has to be given for the picture to be used
the problem here isnt about the use of pictures but rather for people to be LESS IGNORANT or LESS LAZY and to LOOK at ToS before they click "I AGREE"