Terms of Service
HelenMeetsTroy.com is the only dating site that gives you the whole pie—“personality” and the much needed other half, “visual preference.” HelenMeetsTroy uses a patented program to learn your visual preferences and organize your matches. Our basic searching and matching service is free. A paid subscription allows you to communicate with other members. We do as much of the work as we can to help you find an ideal match.
We aim to provide a service that makes you happy and keeps you safe. You are solely responsible, however, for the content you share with others and, ultimately, for your own safety.
Please read this Agreement carefully before accessing or using HelenMeetsTroy.com or a related platform or application (“Website” or “HelenMeetsTroy”). If you do not agree to each term of this Agreement, then you may not access the Website or use any of its services.
Acceptance of Terms
When you access the Website, you agree to be bound by these Terms of Service (“Agreement”). An individual (“you”) who accesses the Website is referred to in this Agreement as a “user” or, if the individual purchases a paid subscription from HelenMeetsTroy, as a “Member.”. Your use of the Website is subject to your acceptance, without modification, of the terms and conditions of this Agreement and all other policies that may appear, from time to time, on the Website.
HelenMeetsTroy reserves the right to revise or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for revisions. Your continued use of the Website following a revision to this Agreement constitutes your acceptance of the revision.
You must be at least eighteen (18) years of age and single or legally separated or divorced from your spouse to use the Website or become a Member of HelenMeetsTroy. If you use the Website or become a Member, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity.
Electronic Consent and Access to Electronic Records
If you reside in a jurisdiction that requires information to be made available to a consumer in writing, the following terms apply to you. This Agreement is an electronic contract. To use the Website or to become a Member, you must have access to a computer or other device capable of reading html and text files, a means of accessing the Internet, a browser capable of accessing and displaying the Website, and the ability to receive and read e-mail messages. By using the Website or becoming a Member of HelenMeetsTroy, you are consenting electronically to this Agreement. HelenMeetsTroy recommends that you save a copy of this Agreement in a word-processing program or print a copy of the Agreement for your records. You have the right to withdraw your consent to having this Agreement provided to you in electronic form. Should you choose to withdraw your consent to having this Agreement provided to you in electronic form, however, your permission to use the Website will be withdrawn, and your membership will be terminated. Your withdrawal of consent to this Agreement in electronic form will not affect the legal validity or enforceability of this Agreement prior to the effective date of your withdrawal.
This Agreement is in effect while you are using the Website or remain a Member of HelenMeetsTroy. HelenMeetsTroy may, in its sole discretion, terminate your access to all or any part of the Website at any time, with or without cause, with or without notice. If you wish to terminate this Agreement or your HelenMeetsTroy account, you should delete your profile and discontinue using the Website. All provisions of this Agreement which by their nature should survive termination of this Agreement shall be deemed to survive, including, without limitation, Sections 7 - 13, herein.
Your Use of HelenMeetsTroy.com
HelenMeetsTroy is a matchmaking service offering users and Members the opportunity to meet others who may be suitable or desirable for dating and perhaps a long-term relationship. Once you access the Website, you will be asked to create a username and password, and to provide an e-mail address, which HelenMeetsTroy will use to communicate with you. Your username and password allow you to log-in securely to HelenMeetsTroy.com, and allow HelenMeetsTroy to identify you as the person authorized to use a particular account. Your password should contain non-obvious letters, numbers, and symbols, which you should keep secure and private.
A unique feature of the Website allows a user to review photographs of other users and indicate whether a user finds them attractive or unattractive. This enables the Website software to learn the user’s preferences and better organize matches. The Website also requests users to provide photographs for the user’s profile and for use in the operation of its “attractive/unattractive” feature. Photographs or graphics uploaded by a user are displayed on the user’s profile and viewable by others.
The Website uses questionnaires to define and catalogue personality, interests, and other personal characteristics, and to compare these characteristics with those of other users to determine potentially appropriate matches. Parts of the questionnaire are displayed in the user’s profile, which can be viewed by other users. Other parts of the questionnaire are used exclusively by HelenMeetsTroy for matching users and will not be displayed in the user’s profile.
HelenMeetsTroy reserves the right to display advertisements on the Website and may sell census-type information to advertisers or other companies that provide text and images targeted to certain users or Members. . HelenMeetsTroy does not sell, and will not disclose, information to advertisers or other companies that identifies a user or Member by name or e-mail address.
A user who decides to become a Member of HelenMeetsTroy will be asked to provide payment information. HelenMeetsTroy is “Payment Card Industry” (PCI) compliant, providing Members with payment security that meets industry standards. No payment-card information other than the amount of the payment, the membership category, payment dates, billing address, and user name is disclosed by credit card processors to HelenMeetsTroy.
A person who uses the Website or otherwise causes material to be posted to the Website, including, but not limited to, text, questionnaire answers, graphics, images, photographs, pictures, audio files, video, links, or any other data entry (“Content”) and any party to this Agreement promises that
- the person’s use of the Website is in strict compliance with the terms of this Agreement and all applicable laws and regulations of the person’s jurisdiction of residence, including, without limitation, the statutory or decisional law of the person’s country, state, city, or county of residence regarding on-line conduct and acceptable website content, and applicable laws regarding the transmission of technical data exported from the United States or the person’s country of residence;
- the person has the legal right to upload, display, and otherwise use the posted Content;
- uploading, copying, or other use of Content does not infringe on the proprietary rights of any third party, including, but not limited to, the copyright, patent, trademark, or trade-secret rights of others;
- the Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or potentially harmful content;
- the Content is not spam, is not machine or randomly generated, and does not contain advertisements or other commercial matter, including, but not limited to, Content designed to drive traffic to third-party sites, to boost the search-engine rankings of third-party sites, or to bring about unlawful or inappropriate acts (such as phishing);
- and the Content does not mislead recipients as to the source of the material (such as spoofing), or create false identities to trick people (such as cat-fishing), or otherwise misrepresent personal characteristics, facts, photographs, or pictures.
Once a user becomes a paying Member, the user may communicate with other Members using instant-messaging, e-mail, video-chat, and voice-chat. The Website may store your communications, but HelenMeetsTroy reserves the right, in its sole discretion, to remove and discard these communications or other Content you post.
You promise to create only one, unique profile for use on the Website. You promise not to include in your profile your last name (surname), Twitter handle, social-media user name, or other information that may identify you personally. You will not include any telephone numbers, street addresses, URLs, multi-media, or artwork from external sources. You will not post, copy, upload, or otherwise transfer Content that
- is obscene, pornographic, defamatory, abusive, indecent, threatening, or inaccurate;
- may promote racism, bigotry, hatred, or physical harm against an individual or group;
- is intended to harass or intimidate another user or third party;
- contains information or images of another person without the person’s consent;
- promotes or enables illegal activity;
- or violates another person’s privacy.
By posting Content on HelenMeetsTroy.com, you grant HelenMeetsTroy and its affiliates an irrevocable, world-wide, royalty-free, and non-exclusive license in perpetuity to access, read, search, use, reproduce, adapt, and publish any Content you provide to, or through the Website.
You may not download or copy any Content from the Website. You may not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. You are responsible for maintaining the security of your account and profile. You are responsible for all activities that occur on or under your account or profile, and for any other acts taken in connection with your account or profile. You must immediately notify HelenMeetsTroy.com of any unauthorized use of your account or any other breach of security.
We have not reviewed, and cannot review, all of the material, including computer software, made available through websites linked to HelenMeetsTroy.com. HelenMeetsTroy does not control such links and is not responsible for their contents. By linking to a non-HelenMeetsTroy website, or displaying an advertisement of a third party, HelenMeetsTroy does not represent or imply that it endorses such website or advertisement. You are responsible for taking precautions as necessary to protect yourself and your computer system from viruses, worms, Trojan horses, malware, and other harmful or destructive content that may originate from other websites.
Payment and Renewal
The Website is free for users. The Website allows a user to send “Winks,” but otherwise does not permit a user to communicate with other users until the user purchases a membership. A membership allows the Member to communicate with others on the Website by e-mail, instant messaging, video chat, or voice chat. A Member may communicate with a user, but a user cannot see or hear the content of the message until the user becomes a Member. HelenMeetsTroy offers membership subscriptions in three (3), six (6), and twelve (12) month intervals. A Member is obligated to pay the fee for the subscription up-front—i.e., at the beginning of the subscription period. Membership fees are not refundable.
You may cancel your membership at any time by sending an e-mail message to Customer Service (email@example.com). No refunds will be given upon cancellation. Prior to the expiration of your membership, HelenMeetsTroy will notify you by e-mail message that your membership is expiring and the date of expiration. Unless HelenMeetsTroy receives a cancellation notice prior to the expiration of your membership, your membership will renew automatically for a period of time equal in length to the preceding membership period. For example, if you purchase a three-month membership subscription, your membership will renew automatically for an additional three months. Upon such automatic renewal, you will be obligated to pay subscription fees for the renewal period.
Intellectual Property and Copyright
Except for the Content you post or upload to the Website, the software, designs, graphics, logos, illustrations, text, trademarks, copyrights, and all other data and files and the arrangement thereof on the Website, and all intellectual property rights related thereto, are the exclusive property of HelenMeetsTroy and its licensors. This includes HelenMeetsTroy, HelenMeetsTroy.com, the HelenMeetsTroy logo, and all other trademarks, service marks, graphics, and logos used in connection with HelenMeetsTroy or the Website. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other parties. Your use of the Website grants you no right or license to reproduce or otherwise use any this intellectual property or these copyrights.
As HelenMeetsTroy asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to HelenMeetsTroy.com violates your copyright, you are encouraged to notify HelenMeetsTroy in accordance with HelenMeetsTroy’s Digital Millennium Copyright Act (“DMCA”) Policy. HelenMeetsTroy will respond to all such notices.
HelenMeetsTroy will terminate your use of the Website if, under appropriate circumstances and in its sole discretion, HelenMeetsTroy determines that you are a repeat infringer of the copyrights or other intellectual property rights of HelenMeetsTroy or others. In the case of such termination, HelenMeetsTroy will have no obligation to refund subscription fees previously paid to HelenMeetsTroy.
Limitations on Liability
HelenMeetsTroy is not responsible for any Content on the Website or its use or effects. HelenMeetsTroy does not review all of the Content posted on the Website, and it does not endorse such Content or otherwise represent that it is accurate or useful. The Website may contain Content that is offensive, indecent, or otherwise objectionable. . HelenMeetsTroy disclaims any responsibility for harm resulting from your use of the Website, or from any Content uploaded by users or other visitors to the Website. HelenMeetsTroy is not liable for damages of any kind sustained by users or Members. HelenMeetsTroy is not liable for any representations or omissions on the Website, or other communications relating to the Website. HelenMeetsTroy does not warrant that your profile or account is safe from hackers or others with malicious intent. HelenMeetsTroy is not responsible for the security of your password.
HelenMeetsTroy may, in its sole discretion, revise or remove Content from the Website that it considers inappropriate, salacious, unlawful, or potentially harmful to HelenMeetsTroy or any other individual or entity, or that violates any of its internal policies. Non-paying users’ profiles, communications, and other data may be deleted by HelenMeetsTroy after a period of inactivity. In addition, HelenMeetsTroy reserves the right to terminate any Member or prohibit any user from accessing the Website with or without cause, and for any reason whatsoever. HelenMeetsTroy expressly disclaims any and all liability for any such revision or removal of Content from the Website, or for terminating a Member or prohibiting a user from accessing the Website.
You acknowledge that HelenMeetsTroy does not conduct criminal background checks on users of the Website or Members or attempt to verify Content or other statements by users or Members. Nor does HelenMeetsTroy make any representations or warranties as to the conduct of users or Members or their compatibility with you.
The Website is provided “as is.”. HelenMeetsTroy and its suppliers and licensors disclaim all warranties, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither HelenMeetsTroy nor its suppliers or licensors make any warranty that the Website is error free or that access thereto will be continuous or uninterrupted.
To the full extent permitted by law, HelenMeetsTroy and its agents, suppliers, licensors, and other representatives shall not be liable to you or any third person for any indirect, consequential, incidental, special, or punitive damages arising from your use of the Website. . In no event will HelenMeetsTroy’s liability to you exceed the subscription fees paid by you to HelenMeetsTroy prior to any demand, claim, or cause of action in relation thereto.
Any and all disputes arising from, or otherwise relating to, this Agreement or the services provided by HelenMeetsTroy.com shall be submitted for final and binding arbitration pursuant to the provisions of California Code of Civil Procedur. §§1281 to 1284.2. An arbitration award under these provisions may be enforced under California Code of Civil Procedure §1285 et seq. Arbitration shall be conducted by a single, neutral arbitrator. The arbitrator may award damages or permanent injunctive relief. Notwithstanding this provision, a party may apply to a court of competent jurisdiction for relief in the form of a temporary restraining order or preliminary injunction, or other provisional remedy pending final determination of a claim through arbitration in accordance with this paragraph. Notwithstanding these provisions relating to California law, the interpretation and enforcement of, and proceedings pursuant to this section shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.
Class Action and Jury Trial Waiver
To the fullest extent permitted by law, you waive any right to trial by jury in any action, suit, or proceeding arising out of or relating to this Agreement or the services HelenMeetsTroy provides. Your rights will be determined by a neutral arbitrator, not a judge or jury. The decision by the arbitrator in an arbitration proceeding is binding, and final. There is no appeal. Decisions by an arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
You also give up your right, if any, to participate in a class action or other class proceeding seeking to adjudicate claims arising from, or otherwise relating to, this Agreement. You and HelenMeetsTroy agree that any and all such claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class action or other representative proceeding. This waiver applies to class arbitration.
Consent to Jurisdiction and Forum Selection
You agree that all actions or proceedings arising in connection with this agreement shall be arbitrated or litigated exclusively in the City and County of San Francisco, California, including, as applicable, the State and Federal courts located in the City and County of San Francisco. You stipulate that the State and Federal courts located in the City and County of San Francisco, California shall have personal jurisdiction over you for the purpose of litigating any dispute, controversy, or arbitration proceeding arising out of or related to this Agreement. You waive any right you may have to assert the doctrine of forum non-conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this Agreement.
The construction, validity, and performance of this Agreement shall be governed by, and construed in accordance with, the laws of the State of California without reference to California’s conflicts-of-law principles.
You agree to indemnify and hold HelenMeetsTroy, its agents, suppliers, licensors, and other representatives and their respective directors, officers, employees, affiliates, and agents harmless from any loss, liability, claim, or demand, including attorneys’ fees, brought by any third party arising out of, or otherwise relating to, your use of the Website or arising from your breach of this Agreement or any representations herein.
No Third-Party Beneficiaries
You agree that, except as may be expressly provided herein, there shall be no third-party beneficiaries to this Agreement.
This Agreement contains the entire agreement between you and HelenMeetsTroy. If any term of this Agreement is held invalid, the remainder of the Agreement shall remain in full force and effect.
The Terms of Service was posted on September 24, 2018.
HelenMeetsTroy is a d/b/a of Helen Meets Troy LLC, a Nevada LLC with headquarters at 3775 Howard Hughes Parkway, Suite 500S, Las Vegas, Nevada 89169. You may reach us by sending an e-mail message to firstname.lastname@example.org. Telephone: (855) 588-8328.