With all due respect, that isn't true. Only in cases where you are profiting off said photos would it be a violation of copyright. For example, if I was a magazine editor and I took photos and reprinted them in my magazine in order to sell them, or if I took someone else's photos to use in a catalogue.
The TOS on those websites just language intended to protect the websites themselves if someone uses photos improperly.
I still disagree. I have been in the position to have my pictures taken. It is illegal. Now, if the people that took those photos are letting people have them - there is nothing anyone but those who took the pics can do about it.