> That statement requires proof, preferably in form of recent case law.
Uh, i'm pretty sure the company collected and possesses the data. It's on their hard drives and they allow you to view it by connecting to their servers using their software. A user, as an outside party, has no claim to someone else's property. (But you're right, IANAL, so maybe there's some freaky justification for being able to tell someone else what they can do with their own data on their own servers?)
Well the TOS seems to spell it out! Unfortunately, as it is [probably] the company's property, it is probably the company that would have to issue any lawsuit. Then it's up to the courts to judge whatever legal argument is made.