gamerpic

I'm not sure about the avatar, but the gamerpic is an Xbox One gamerpic. The website has been updated to show Xbox One gamerpics in some areas instead of 360 gamerpics. If you don't have a One, you're given a default gamerpic. Gamercards have not been updated
to show Xbox One information which is why it's still a 360 gamerpic.

You can't.Once you change your gamerpic on the xbox one you are stuck with either the xbox one gamerpics or an avatar gamerpic.

You can have a custom gamerpic that is why the option is there.

If the gamerpic is not in breach of the Terms of Service/Code of Conduct then it will not be changed.

Only time that enforcement will change the gamerpic if it is in violation of the Terms of Service and other users have reported the custom gamerpic.

Update: The gamerpic I use is saved with Kinect right? Well after I set up my account and such with it, I changed my gamerpic. Now when Kinect shows my gamerpic (I.E. when it says "Couldn't sign in" and its supposed to show your gamerpic) It shows my old
gamerpic not the new one.

If they haven't changed their gamerpic on the One, then it'll show as a 360 gamerpic when you look at their account.

No, there's no way to change that gamerpic unless you do it on a One.