I am not taking issue with the TOS here, but merely wondering whether some people have really worked out what "copyright" actually means.   I don't think that downloading an image from the internet amounts to a copyright infringement, even if the site, from which the download takes place, claims that it does.   The copyright infringement takes place when the downloaded image is re-distributed, especially when the new distribution is accompanied by a false attribution.  

The idea that merely to download an image violates copyright is completely daft.   According to that logic, downloading anything from freestuff is a copyright violation, too.   And what about giving someone a book, or a DVD, for a Christmas present?   That must be a pretty clear violation of copyright - after all, the recipient hasn't paid a penny for the right to the content.

If you're trying to sell your pictures, don't post them here first.   If I commissioned a piece for, say, a book's cover, and found that the artist had loaded the finished article up here first, so that it had promptly appeared on every pirate site, from Henry Morgan's to Cap'n Blackbeard's, I'd be hopping mad at the pirates and at the artist.   Innocent downloaders, who had kept the image to themselves, wouldn't bother me in the slightest.