Do you have thoughts on how the ToS excerpt you quote intersects with their privacy policy? They make representations about giving you control of information you post to their site, but then also claim they can do with it as they wish.

You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post.

There’s nothing in here that explicitly states that the user (and everyone in every photo) is granting the right to use their name and likeness for commercial purposes. But I said the issue was interesting because if we assume there is a valid copyright license here, at least one Circuit has held that any state law right of publicity claims are preempted: Baltimore Orioles, Inc. v. Major League Baseball Players Association, 805 F.2d 663 (7th Cir. 1986) http://www.law.uconn.edu/homes/swilf/ip/cases/baltimore.htm