Using a copyrighted picture for a competitors product and offering the results for "criticism" won't go as "fair use" in any court.
Who said "using it", I said publishing it.
We can go round and round of whose right and whose wrong. I'm just letting you know that if I wanted to post that image I could under Fair Use as long as I was publishing the photo within the guidelines of Fair Use.
I'm not trying to rip anyone off here, like Reflex, but they could have easily protected that image from Fair Use or copyright infringement but they chose not too. Thus if someone finds a way to use the image under Fair Use, or another grey area or "loophole" they have every right too.