Q: It still wot let me update my itouch and i cant delete albums in my photos

What happwns when you try to update?

To update

The Settings>General>Software Update comes with iOS 5 and later.

Connect the iPod to your computer and update via iTunes as far as your iPod model allows

iOS: How to update your iPhone, iPad, or iPod touch

A 1G iPod can go to iOS 2.2 via iTunes and iOS 3.1.3 via

Purchasing iOS 3.1 Software Update for iPod touch (1st generation)       

https://buy.itunes.apple.com/WebObjects/MZFinance.woa/wa/touchLegacyLandingPage

A 2G to 4.2.1. Requires iTunes version 10.X. If a Mac it requires OSX 10.5.8 or later.

A 3G to 5.1.1  Requires iTunes version 10.5 or later

A 4G to 6.1.3  Requires iTunes version 10.7 or later. For a Mac, that requires a Mac with OSX 10.6.8 or later

A 5G to iS 7. Requires iTunes 11.1 or later if yo update via iTunes

Identifying iPod models

If the photos were synced to the iPod the only way to remove them is to unsync them or use a third-party program like TouchCopy or PhoneView

In which album are the photos?

"it still wont let me update my i pod touch"

Upidate to what?  6.1.3 is the latest available for your ipod.

" and i aslo can tdelete albums from my photos that got synced from the computer

Open itunes, connect ipod, select what you want on the ipod and sync.