There is almost certainly not a legal department at a startup of 60 people. I agree it's a very dumb thing to do legally, but I've seen lots of small companies make lots of legal mistakes, and could easily picture a founder freaking out that he's sheding users left and right and making a rash move.
As a startup lawyer (and a social media lawyer at that) I couldn't agree more. Even big companies make some unbelievably stupid mistakes when rushed to "do something."