It looks like this member used your image as his avatar.
So I guess it should be ok.
It reminds me of one of my photo used in a template for a photographer's site. The company who did these templates (and selling them) used my photo (and others) on a faked site, something like John Smith Photo to illustrate their templates; imagine my reaction when I found it!
But navigating throught the site I realized what it was, and I know that TOS on many sites allow use of photos in templates, programs, etc...
Claude