This is some bad quotemining. Section 5 of the linked DA terms says DA needs the creators explicit consent (not just the consent granted by submitting the work) to do anything commercial with it, and section 3 binds any sub licensees to the same agreement that DA has. The creator initially said they did not give any consent so it’s a case of the T-Shirt manufacturer stealing the art and selling it to Hot Topic. Legally the creator is in the clear to pursue compensation over misuse of their work, at least as far as rights granted by DA goes. It’s lovely how NO ONE actually reads contracts :D