Yes - yours is just some optional text nobody reads or understands and is probably not legally required to adhere to. Theirs is a contract signed by their customer who they know did understand it.

Accessing the site may already mean that you agree to TOS. Also if you don’t see an explicit copyright terms on some text on the internet it doesn’t mean that it’s public domain. Same as checking a checkbox. Text being small and somewhere is not an excuse for a corporation to steal and sell other people’s work.

Interesting. So what makes theirs not “optional text nobody reads or understands”?