As of Mar 27, 2008 Adobe terms of service for Photoshop express, which is a new photosharing site like flickr, smugsmug, or deviantart, has stated the following on its terms of service: (From cnet.com, click here for original review) "Adobe does not claim ownership of Your Content. However, with respect to Your Content that you submit or make available for inclusion on publicly accessible areas of the Services, you grant Adobe a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sublicensable license to use, distribute, derive revenue or other remuneration from, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other Materials or works in any format or medium now known or later developed. In comparison, even Flickr's (now Yahoo's) TOU will relinquish its claim on your photos if you unregister from the site or make what was once public private. But "perpetual" and "irrevocable"? I'm going to give Adobe the benefit of the doubt and assume someone forgot to put the choke collar on the lawyers, letting something this heinous undesirable slip through. But I suggest avoiding making any albums public until this is changed. I'll update once I get some feedback from Adobe." -source: Cnet.com This means that if your photos are set to "Public" as opposed to "private" then you automatically give adobe full, nonexclusive, royalty free rights to use your photos is WHATEVER manner they want including to make profit through.