I looked at the Four Factors Fair Use instead of Terms of Service because the twitter image of the Zillow cease & desist letter[1] mentioned it in their arguments.
Also, one can use Zillow without ever clicking "I Agree" to a ToS so I'm not sure if that's even contractually binding or has been tested in court.
It is also possible that the courts would rule that Zillow's particular terms of service are unenforceable, without answering the broader question about the enforceability of terms of service in general. That happened to Zappos in 2013.
As an interesting [to me] aside you can probably get all the images and content without even visiting the site - Google Images and page caches for example. Wonder what that would do for arguments based on agreeing to ToS on the site.
