Welcome to Haggadot.com (the "Site"). Haggadot.com, customandcraft.org, [email protected]
and all future,
as-yet-to-be-created brands are projects of Custom & Craft Jewish Rituals, Inc., which is the
legal name of this
California nonprofit organization (hereinafter referred to as “Haggadot.com”). All projects of
Custom & Craft Jewish
Rituals are subject to the Terms of Service described below. This Terms of Service ("TOS")
contain the terms and
conditions that govern your use of the Site, and the Haggadot.com Service (as defined below).
This TOS describes your
rights and responsibilities and what you can expect from the Haggadot.com Service. Use of the
Site constitutes your
acceptance of and agreement to this TOS.
Haggadot.com reserves the right to add, delete, and/or modify any of the terms and conditions
contained in this TOS, at
any time and in its sole discretion, by posting a change notice or a new agreement on the
Haggadot.com Site. In the
event of substantive changes to this TOS, you may be notified by email. If any modification is
unacceptable to you, your
only recourse is to not use the Site and the Haggadot.com Service. Your continued use of the
Haggadot.com Site following
posting of a change notice or new TOS on the Haggadot.com Site will constitute binding
acceptance of the changes.
The Haggadot.com Service.
Haggadot.com provides a number of Internet-based services through the Site as well as any other
Haggadot.com affiliate
websites, digital content, mobile applications, online service or anywhere the TOS are shown
(all such services,
collectively, the "Haggadot.com Service"). One such service enables users to create customized
products, including
without limitation, merchandise and books (collectively, "Products"). Haggadot.com users may
create and purchase
individual Products for their own personal use. Haggadot.com may offer a number of other
services on its Site, including
without limitation, message boards, contests, and newsletters, which may change from time to
time.
Use of the Web Site and Haggadot.com Service.
Eligibility. Haggadot.com will only knowingly provide the Haggadot.com Service to parties that
can lawfully enter into
and form contracts under applicable law. If you are under the age of 18, but at least 13 years
of age, you may use the
Haggadot.com Service only under the supervision of a parent or legal guardian who agrees to be
bound by this TOS. The
Haggadot.com Service is not intended for children under the age of 13.
Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of
this TOS, the applicable
agreements and policies referred to below, and all applicable laws, regulations and rules when
you use the Haggadot.com
Service and the Site.
Your License to Use the Web Site and the Haggadot.com Service.
Haggadot.com solely and exclusively owns all intellectual property and other rights, title and
interest in and to the
Haggadot.com Service and Site, except as expressly provided for in these TOS. For example and
without limitation,
Haggadot.com owns the copyrights in and to the Site, and certain technology used in providing
the Haggadot.com Service.
You will not acquire any right, title or interest therein under this TOS or otherwise to any
intellectual property owned
by Haggadot.com.
Haggadot.com grants you a limited revocable license to access and use the Site and the
Haggadot.com Service for your own
personal purposes, subject to your compliance with this TOS. This license does not include the
right to collect or use
information contained on the Site for purposes prohibited by Haggadot.com; to compete with
Haggadot.com; to create
derivative works based on the content of the Site; or download or copy the Site (other than page
caching). If you use
the Site in a manner that exceeds the scope of this license or you breach this TOS, Haggadot.com
may revoke the license
granted to you.
This Section 2.3 does not pertain to your intellectual property rights. For information
regarding your intellectual
property rights, please see Section 4.
Third-Party Content: Wherever Haggadot.com websites, online services, and digital content make
reference to third party
organizations or include information, content, or graphics from third parties, Haggadot.com
assumes third-party content
is for general informational purposes only and displaying third-party content does not
constitute a recommendation or
endorsement of the opinion, product or service. Haggadot.com makes no claim as to the accuracy
or relevance of
third-party content. If you decide to access any other websites linked to or from this website,
you do so entirely at
your own risk.
Third-Party Services. Haggadot.com may use third parties to provide certain services accessible
through the Site.
Haggadot.com does not control those third parties or their services, and you agree that
Haggadot.com will not be liable
to you in any way for your use of such services. These third parties may have their own terms of
use and other policies.
You must comply with such terms and policies as well as this TOS when you use those services. If
any such terms or
policies conflict with Haggadot.com's TOS, agreements, or policies, you must comply with
Haggadot.com's TOS, agreements,
or policies, as applicable.
General Rules.
Prohibited Use. You may only use the Haggadot.com Service as expressly permitted by
Haggadot.com. You may not cause harm
to the Site or the Haggadot.com Service. Specifically, but not by way of limitation, you may
not: (i) interfere with the
Haggadot.com Service by using viruses or any other programs or technology designed to disrupt or
damage any software or
hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble
any technology used to
provide the Haggadot.com Service; (iii) use a robot, spider or other device or process to
monitor the activity on or
copy pages from the Site, except in the operation or use of an internet "search engine," hit
counters or similar
technology; (iv) collect electronic mail addresses or other information from third parties by
using the Haggadot.com
Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key
terms, or the like that
contain Haggadot.com's name or trademarks; (vii) engage in spamming or any activity that
interferes with another user's
ability to use or enjoy the Haggadot.com Service; (viii) assist or encourage any third party in
engaging in any activity
prohibited by this TOS; (ix) upload to, transmit through, or display any material that is
unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable or that
infringes any third party’s
intellectual property rights or any confidential, proprietary, or trade secret information of
any third party; (x)
upload, transmit, or display any advertisements, solicitations, chain letters, pyramid schemes,
investment
opportunities, or other unsolicited commercial communications (unless expressly permitted); (xi)
display adult nudity or
inappropriate child nudity; (xii) use the Site for sale of goods or services; or (xiii) upload
photographs or other
content depicting images or people who have not given permission to have their photographs or
images uploaded to a share
site.
Privacy Policy. By entering into this TOS, you agree to Haggadot.com's collection, use and
disclosure of your personal
information in accordance with the Privacy Policy as amended from time to time.
Password Security. You are solely responsible for protecting the security and confidentiality of
the password and
identification assigned to you. You shall immediately notify us of any unauthorized use of your
password or
identification or any other breach or threatened breach of this website’s security.
Ordering Policies. If you purchase Products, you agree to do so in accordance with
Haggadot.com's ordering policies and
instructions on the Site. Your order constitutes an obligation to pay, subject to acceptance by
Haggadot.com at our sole
discretion. Your order is accepted by us when we ship the goods to you. An order confirmation
does not signify our
acceptance of your order, but merely confirms receipt of your order. We will send you a shipment
confirmation once your
order is accepted. Haggadot.com reserves the right to cancel any order prior to delivery at our
sole and absolute
discretion, whether or not you have already been charged. If your order is canceled pursuant to
this section, and you
have already been charged, Haggadot.com will automatically issue a refund to you. As the
products are individually
produced, an approximate availability and delivery time are shown alongside the product
description prior to order
completion. The products will be delivered as soon as they are available. The times are
estimates only and cannot be
guaranteed. At the latest, delivery will occur within thirty (30) days from acceptance of your
order by Haggadot.com.
Please note that Haggadot.com is not able to deliver to all regions worldwide. All prices are
subject to the delivery
charges, as well as any applicable taxes, duties, fees, or levies. Haggadot.com reserves the
right to change the prices
published on the Services at any time. However, orders already submitted to us will not be
affected by such changes.
Title to the Products you purchase passes to you when the Products are delivered to the common
carrier.
Create and Buy General Rules and License.
Description. As part of the Haggadot.com Service, Haggadot.com offers a service (the "Create &
Buy Service") that allows
you to upload images, video, audio, data, and other content as well as text, files, and works of
authorship
(collectively, "Content") to the Site to create, produce, and purchase Products featuring the
uploaded Content for your
own use. “Content” also includes without limitation, any Content that you contribute or share
with other members through
the Site.
Delivery of Content. You will upload or deliver to Haggadot.com all Content that you want to use
with the Create & Buy
Service in accordance with the applicable instructions on the Site. Haggadot.com may, in its
sole and exclusive
discretion, determine whether any Content complies with such instructions and is satisfactory
for use with the Create &
Buy Service.
Ownership of your Content. You represent and warrant that you own or otherwise possess all
necessary rights with respect
to the Content and that the Content does not and will not infringe, misappropriate, use, or
disclose without
authorization or otherwise violate any copyright, trademark, trade secret right, or other
intellectual property or other
property right of any third party.
Use of Likeness. You consent to the use of your likeness, and you have obtained the written
consent, release, and/or
permission of every identifiable individual who appears in the Content to use such individual’s
likeness, for purposes
of using and otherwise exploiting the Content in the manner contemplated by these TOS. If any
such identifiable
individual is under the age of eighteen (18), you have obtained such written consent, release,
and/or permission from
such individual’s parent or guardian. You agree to provide a copy of any such consents,
releases, and/or permissions
upon our request.
Licensing Your Content to Haggadot.com. You will retain ownership of the Content that you upload
to the Site. You hereby
grant to Haggadot.com a perpetual, irrevocable, fully-paid and royalty-free, worldwide,
transferable, nonexclusive,
sublicensable (through multiple tiers) right and license to: (i) use such Content, in all media
existing now or created
in the future, as Haggadot.com deems necessary to enable you to use the Create & Buy Service to
create, produce, and
purchase Products; (ii) with respect to any Content that you expressly designate as being
“public,” to link to, use,
reproduce, create derivative works from, license, sublicense, distribute, print, publicly
display, and otherwise utilize
your Content including, without limitation, making your Content available to the Haggadot.com
community. Please note
that, while you retain ownership of your Content, any template or layout in which you arrange or
organize your Content
through tools and features made available through the Site or the Haggadot.com Service are not
proprietary to you, and
the rights to such template or layout are reserved to Haggadot.com.
Licensing Your Content to other Haggadot.com Members. Except for any of your Content that you
specify as “private”
during the submission process, you also hereby grant all other members of the Haggadot.com
community a non-exclusive,
worldwide, perpetual, irrevocable license to use, copy, publicly display, create derivative
works from, and otherwise
communicate and distribute your Content for any purpose on or through the Site or the
Haggadot.com Service and/or in the
Haggadot.com member’s own products. You acknowledge and agree that any such Haggadot.com member
can exercise the
foregoing rights without further notice, payment, or attribution to you. For avoidance of doubt,
any of your Content
that you designate as “public” will not be limited to any restricted purpose and is provided on
a non-proprietary and
non-confidential basis and will be generally accessible by other users of the Site and
Haggadot.com Service.
Reservation of Rights.
Monitoring. Haggadot.com reserves the right, but does not assume the obligation, to monitor
transactions and
communications that occur through the Site. If Haggadot.com determines, in its sole and absolute
discretion, that you or
another Haggadot.com user will breach a term or condition of this TOS or that such transaction
or communication is
inappropriate, Haggadot.com may cancel such transaction or take any other action to restrict
access to or the
availability of any material that may be considered objectionable, without any liability to you
or any third party.
Modification of the Service. Haggadot.com reserves the right to modify the organization,
structure or "look and feel" of
the Haggadot.com Service or the Site, and may change, suspend, or discontinue any aspect of the
Haggadot.com Service at
any time without any liability to you or any third party. Haggadot.com shall have complete
discretion over the features,
functions, prices and other terms and conditions on which the Haggadot.com Service is offered to
Haggadot.com users.
Submissions.
When you submit questions, comments, suggestions, ideas, message board postings, material
submitted via web forms,
contest entries, communications or any other information ("Submissions"), you grant Haggadot.com
permission to use such
Submissions for marketing and other promotional purposes, including the right to sublicense. You
agree that Haggadot.com
will have no obligation to keep any Submissions confidential. You will not bring a claim against
Haggadot.com based on
"moral rights" or the like arising from Haggadot.com's use of a Submission. This Section does
not apply to your Content
that you use in connection with the Create & Buy Service. Any personal information you submit is
covered by our Privacy
Policy.
You shall not upload, distribute, or otherwise publish through this website any content,
information, or other material
that (a) violates or infringes the copyrights, patents, trademarks, trade secrets, or other
proprietary rights of any
person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give
rise to any civil or
criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms,
trap doors, Trojan horses
or other harmful code or properties.
Haggadot.com reserves the right to immediately remove any content it deems offensive, or in
violation of these Terms and
Conditions. Haggadot.com also reserves the right to remove a user account, without notice, if
the user has been found to
pose a threat to other users or has violated any rule laid out in the Terms and Conditions.
Copyright and Trademark Issues
While we are not obligated to review Content for copyright or trademark infringement, we are
committed to protecting
copyrights and trademarks and expect users of our Site and Haggadot.com Services to do the same.
The Digital Millennium
Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that
material appearing on the
internet infringes their rights under U.S. copyright law. If you believe in good faith that any
material used or
displayed on or through our Site or the Haggadot.com Services infringes your copyright, you (or
your agent) may send us
a notice requesting that the material be removed, or access to it blocked. The notice must
include the following
information:
a physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is
allegedly infringed;
identification of the copyrighted work claimed to have been infringed (or, if multiple
copyrighted works are covered by
a single notification, a representative list of such works);
identification of the material that is claimed to be infringing or the subject of infringing
activity, and information
reasonably sufficient to allow us to locate the material on our Site and/or the Haggadot.com
Services;
the name, address, telephone number and email address (if available) of the complaining party;
a statement that the complaining party has a good faith belief that use of the material in the
manner complained of is
not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate and, under penalty of perjury,
that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed
against you, the DMCA
permits you to send us a counter-notice. Notices and counter-notices must meet the then-current
statutory requirements
imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices
regarding our Site and
the Haggadot.com Services, or notices concerning trademark use in personalized products we make
or in our Site and the
Haggadot.com Services, should be sent to:
Haggadot.com
PO Box 385
Saratoga Springs, NY 12866
[email protected]
Upon receipt of a compliant DMCA Takedown Notice, Haggadot.com will investigate the claim, take
appropriate action and
serve the notice on our member. If a member submits a DMCA Counter-Notice, Haggadot.com will
forward such notice to the
party that submitted the relevant DMCA Takedown Notice and allow the member to repost the
disputed content after 10
days, as provided by law. Haggadot.com reserves the right to terminate the account of any member
who repeatedly
infringes the copyright rights of others, as determined in Haggadot.com’s sole discretion.
Representations and Warranties.
Mutual Representations and Warranties. You represent and warrant to Haggadot.com and
Haggadot.com represents and
warrants to you: (i) that you or it has the full power and authority to enter into and perform
under this TOS, (ii) the
execution and performance of your or its obligations under this TOS does not constitute a breach
of or conflict with any
other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid
and binding obligation
of the party entering into this TOS, enforceable in accordance with its terms and conditions.
By You. In addition to any other representations and warranties contained in this Agreement, You
represent and warrant
to Haggadot.com that, in your use of the Haggadot.com Service, you: (i) will not infringe the
copyright, trademark,
patent, trade secret, right of privacy, right of publicity or other legal right of any third
party, and (ii) will comply
with all applicable laws, rules, and regulations. You further represent and warrant to
Haggadot.com that: (i) there are
no claims, demands or any form of litigation pending, or to the best of your knowledge,
threatened with respect to any
of your Content; (ii) Haggadot.com will not be required to make any payments to any third party
in connection with its
use of your Content, except for the expenses that Haggadot.com incurs in providing the
Haggadot.com Service; (iii) the
use of any instructions, formulae, recommendations, or the like contained in your Content will
not cause injury to any
third party; and (iv) your Content does not contain viruses or any other programs or technology
designed to disrupt or
damage any software or hardware.
Disclaimers and Exclusions.
DISCLAIMER OF WARRANTIES. Haggadot.com PROVIDES THE SITE AND Haggadot.com SERVICE ON AN "AS IS"
AND "AS AVAILABLE"
BASIS. Haggadot.com DOES NOT REPRESENT OR WARRANT THAT THE SITE, Haggadot.com SERVICE OR ITS
USE: (i) WILL BE
UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS,
OR (iv) WILL OPERATE IN
THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. Haggadot.com MAKES NO WARRANTIES
OTHER THAN THOSE MADE
EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, IMPLIED
WARRANTIES OF TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,
NON-INFRINGEMENT AND ANY WARRANTIES
THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER Haggadot.com, NOR ANY OF ITS
DIRECTORS, OFFICERS,
SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, “THE
HAGGADOT PARTIES”)
SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES
(INCLUDING WITHOUT LIMITATION
DAMAGES RELATING TO LOSS OF BUSINESS, LOST PROFITS, LOST DATA, USE, OR LOSS OF GOODWILL) ARISING
OUT OF, RELATING TO OR
CONNECTED WITH THE USE OF THE Haggadot.com SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, OR
FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR CONTENT OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO
HAVE FAILED ITS ESSENTIAL
PURPOSE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, THE HAGGADOT
PARTIES WILL HAVE NO LIABILITY
TO YOU OR TO ANY THIRD PARTY FOR ANY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR
DISSATISFACTION WITH THE SITE
OR THE Haggadot.com SERVICE IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, THE
MAXIMUM LIABILITY OF THE HAGGADOT PARTIES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE:
CERTAIN JURISDICTIONS
MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF
DAMAGES, SO SOME OF THE
ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification.
You must indemnify and hold Haggadot.com and its employees, representatives, agents, affiliates,
directors, officers,
managers and shareholders (the "Indemnified Parties") harmless from and against any and all
claims, causes of action,
liabilities, damages, losses, expenses, and/or. costs (including without limitation, attorneys'
fees) that arise
directly or indirectly out of or from: (i) your violation of these TOS or any other agreement or
terms of use with us;
(ii) your violation of any representation or warranty contained herein or any applicable law;
(iii) your Content; (iv)
your activities in connection with obtaining any products or services from us; or (v) any
activity related to access to
or use of your account by you or any other person. The Indemnified Parties shall (a) promptly
give you written notice of
the claim; (b) give you sole control of the defense and settlement of the claim against the
Indemnified Parties (except
that you may not settle any claim against the Indemnified Parties without the express written
consent of the Indemnified
Parties); and (c) give you reasonable assistance, at your expense.
Term and Termination.
Term. This TOS shall remain in full force and effect while you use the Site and Services.
Termination. In its sole discretion, with or without notice to you, Haggadot.com may: (i)
suspend, limit your access to
or terminate your use of the Site and/or the Haggadot.com Service; (ii) suspend, limit your
access to or terminate your
account; (iii) remove any of your Content from Haggadot.com's servers and directories; and (iv)
prohibit you from using
the Haggadot.com Service and/or the Site. Upon termination for any reason, your right to access
and/or use the Site
and/or the Haggadot.com Service will immediately cease.
Survival. Notwithstanding Section 12.2 above, this TOS will survive indefinitely unless and
until Haggadot.com chooses
to terminate this TOS.
Effect of Termination. If you or Haggadot.com terminates your use of the Site or the
Haggadot.com Service, Haggadot.com
may delete any Content or other materials relating to your use of the Haggadot.com Service on
Haggadot.com's servers or
otherwise in its possession. Notwithstanding the foregoing, you understand that any Content you
expressly designated as
being “Public” and that Haggadot.com or other users of the Site made available in other areas of
the Site other than
your user profile (including, without limitation, in another user’s library) may not be deleted.
Haggadot.com will have
no liability to you or any third party for any termination of your use of the Site or Service or
for any deletion of
your Content or for any Content that was not deleted that remains on the Site.
Notice.
All notices required or permitted to be given under these TOS (other than in connection with
Section 7) will be in
writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii)
overnight courier, or
(iii) electronic mail. If you give notice to Haggadot.com, you must use the following addresses:
19 Worth St., Saratoga
Springs, NY 12866 [email protected] & [email protected]. If Haggadot.com provides notice to
you, Haggadot.com will use
the contact information provided by you to Haggadot.com. All notices will be deemed received as
follows: (i) if by
delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on
the date receipt is
confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message
was sent, if no "system
error" or other notice of non-delivery is generated. If applicable law requires that a given
communication be "in
writing," you agree that email communication will satisfy this requirement.
Dispute Resolution.
All disputes arising out of, relating to or connected with these TOS or your use of any part of
the Haggadot.com Service
will be exclusively resolved under confidential binding arbitration held in California, before
and in accordance with
the Rules of the American Arbitration Association, by a sole arbitrator applying California law
(without regard for
conflicts of law principles). The arbitrator's award will be binding and may be entered as a
judgment in any court of
competent jurisdiction. Any action to enforce an arbitrator's award will be brought in a federal
or state court located
in California. Each party hereby irrevocably submits to the personal jurisdiction of the Federal
and California State
courts. Notwithstanding anything to the contrary in this Section Can 14, Haggadot.com may seek
equitable relief,
including, without limitation, injunctive relief and specific performance, without the
requirement of posting a bond or
other security or proving money damages are insufficient, from a court of competent
jurisdiction.
Miscellaneous.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and
governed by and construed
in accordance with the laws of the State of California without reference to conflict of law
principles. This TOS is not
assignable or transferable by you without the prior written consent of Haggadot.com. This TOS
(including all of the
policies and other Agreements described in this TOS, which are incorporated herein by this
reference) contain the entire
understanding of the parties regarding its subject matter, and supersedes all prior and
contemporaneous agreements and
understandings between the parties regarding its subject matter. No failure or delay by a party
in exercising any right,
power or privilege under this TOS will operate as a waiver thereof, nor will any single or
partial exercise of any
right, power or privilege preclude any other or further exercise thereof or the exercise of any
other such right, power,
or privilege. You and Haggadot.com are independent contractors, and no agency, partnership,
joint venture, or
employee-employer relationship is intended or created by this TOS.
Remarks by the President at the 50th Anniversary of the Selma to Montgomery Marches
Edmund Pettus Bridge,Selma, Alabama
It is a rare honor in this life to follow one of your heroes. And John Lewis is one of my heroes.
Now, I have to imagine that when a younger John Lewis woke up that morning 50 years ago and made his way to Brown Chapel, heroics were not on his mind. A day like this was not on his mind. Young folks with bedrolls and backpacks were milling about. Veterans of the movement trained newcomers in the tactics of non-violence; the right way to protect yourself when attacked. A doctor described what tear gas does to the body, while marchers scribbled down instructions for contacting their loved ones. The air was thick with doubt, anticipation and fear. And they comforted themselves with the final verse of the final hymn they sung:
“No matter what may be the test, God will take care of you;
Lean, weary one, upon His breast, God will take care of you.”
And then, his knapsack stocked with an apple, a toothbrush, and a book on government -- all you need for a night behind bars -- John Lewis led them out of the church on a mission to change America.
President and Mrs. Bush, Governor Bentley, Mayor Evans, Sewell, Reverend Strong, members of Congress, elected officials, foot soldiers, friends, fellow Americans:
As John noted, there are places and moments in America where this nation’s destiny has been decided. Many are sites of war -- Concord and Lexington, Appomattox, Gettysburg. Others are sites that symbolize the daring of America’s character -- Independence Hall and Seneca Falls, Kitty Hawk and Cape Canaveral.
Selma is such a place. In one afternoon 50 years ago, so much of our turbulent history -- the stain of slavery and anguish of civil war; the yoke of segregation and tyranny of Jim Crow; the death of four little girls in Birmingham; and the dream of a Baptist preacher -- all that history met on this bridge.
It was not a clash of armies, but a clash of wills; a contest to determine the true meaning of America. And because of men and women like John Lewis, Joseph Lowery, Hosea Williams, Amelia Boynton, Diane Nash, Ralph Abernathy, C.T. Vivian, Andrew Young, Fred Shuttlesworth, Dr. Martin Luther King, Jr., and so many others, the idea of a just America and a fair America, an inclusive America, and a generous America -- that idea ultimately triumphed.
As is true across the landscape of American history, we cannot examine this moment in isolation. The march on Selma was part of a broader campaign that spanned generations; the leaders that day part of a long line of heroes.
We gather here to celebrate them. We gather here to honor the courage of ordinary Americans willing to endure billy clubs and the chastening rod; tear gas and the trampling hoof; men and women who despite the gush of blood and splintered bone would stay true to their North Star and keep marching towards justice.
They did as Scripture instructed: “Rejoice in hope, be patient in tribulation, be constant in prayer.” And in the days to come, they went back again and again. When the trumpet call sounded for more to join, the people came –- black and white, young and old, Christian and Jew, waving the American flag and singing the same anthems full of faith and hope. A white newsman, Bill Plante, who covered the marches then and who is with us here today, quipped that the growing number of white people lowered the quality of the singing. To those who marched, though, those old gospel songs must have never sounded so sweet.
In time, their chorus would well up and reach President Johnson. And he would send them protection, and speak to the nation, echoing their call for America and the world to hear: “We shall overcome.” What enormous faith these men and women had. Faith in God, but also faith in America.
The Americans who crossed this bridge, they were not physically imposing. But they gave courage to millions. They held no elected office. But they led a nation. They marched as Americans who had endured hundreds of years of brutal violence, countless daily indignities –- but they didn’t seek special treatment, just the equal treatment promised to them almost a century before.
What they did here will reverberate through the ages. Not because the change they won was preordained; not because their victory was complete; but because they proved that nonviolent change is possible, that love and hope can conquer hate.
As we commemorate their achievement, we are well-served to remember that at the time of the marches, many in power condemned rather than praised them. Back then, they were called Communists, or half-breeds, or outside agitators, sexual and moral degenerates, and worse –- they were called everything but the name their parents gave them. Their faith was questioned. Their lives were threatened. Their patriotism challenged.
And yet, what could be more American than what happened in this place? What could more profoundly vindicate the idea of America than plain and humble people –- unsung, the downtrodden, the dreamers not of high station, not born to wealth or privilege, not of one religious tradition but many, coming together to shape their country’s course?
What greater expression of faith in the American experiment than this, what greater form of patriotism is there than the belief that America is not yet finished, that we are strong enough to be self-critical, that each successive generation can look upon our imperfections and decide that it is in our power to remake this nation to more closely align with our highest ideals?
That’s why Selma is not some outlier in the American experience. That’s why it’s not a museum or a static monument to behold from a distance. It is instead the manifestation of a creed written into our founding documents: “We the People…in order to form a more perfect union.” “We hold these truths to be self-evident, that all men are created equal.”
These are not just words. They’re a living thing, a call to action, a roadmap for citizenship and an insistence in the capacity of free men and women to shape our own destiny. For founders like Franklin and Jefferson, for leaders like Lincoln and FDR, the success of our experiment in self-government rested on engaging all of our citizens in this work. And that’s what we celebrate here in Selma. That’s what this movement was all about, one leg in our long journey toward freedom.
The American instinct that led these young men and women to pick up the torch and cross this bridge, that’s the same instinct that moved patriots to choose revolution over tyranny. It’s the same instinct that drew immigrants from across oceans and the Rio Grande; the same instinct that led women to reach for the ballot, workers to organize against an unjust status quo; the same instinct that led us to plant a flag at Iwo Jima and on the surface of the Moon.
It’s the idea held by generations of citizens who believed that America is a constant work in progress; who believed that loving this country requires more than singing its praises or avoiding uncomfortable truths. It requires the occasional disruption, the willingness to speak out for what is right, to shake up the status quo. That’s America.
That’s what makes us unique. That’s what cements our reputation as a beacon of opportunity. Young people behind the Iron Curtain would see Selma and eventually tear down that wall. Young people in Soweto would hear Bobby Kennedy talk about ripples of hope and eventually banish the scourge of apartheid. Young people in Burma went to prison rather than submit to military rule. They saw what John Lewis had done. From the streets of Tunis to the Maidan in Ukraine, this generation of young people can draw strength from this place, where the powerless could change the world’s greatest power and push their leaders to expand the boundaries of freedom.
They saw that idea made real right here in Selma, Alabama. They saw that idea manifest itself here in America.
Because of campaigns like this, a Voting Rights Act was passed. Political and economic and social barriers came down. And the change these men and women wrought is visible here today in the presence of African Americans who run boardrooms, who sit on the bench, who serve in elected office from small towns to big cities; from the Congressional Black Caucus all the way to the Oval Office. (Applause.)
Because of what they did, the doors of opportunity swung open not just for black folks, but for every American. Women marched through those doors. Latinos marched through those doors. Asian Americans, gay Americans, Americans with disabilities -- they all came through those doors. Their endeavors gave the entire South the chance to rise again, not by reasserting the past, but by transcending the past.
What a glorious thing, Dr. King might say. And what a solemn debt we owe. Which leads us to ask, just how might we repay that debt?
First and foremost, we have to recognize that one day’s commemoration, no matter how special, is not enough. If Selma taught us anything, it’s that our work is never done. The American experiment in self-government gives work and purpose to each generation.
Selma teaches us, as well, that action requires that we shed our cynicism. For when it comes to the pursuit of justice, we can afford neither complacency nor despair.
Just this week, I was asked whether I thought the Department of Justice’s Ferguson report shows that, with respect to race, little has changed in this country. And I understood the question; the report’s narrative was sadly familiar. It evoked the kind of abuse and disregard for citizens that spawned the Civil Rights Movement. But I rejected the notion that nothing’s changed. What happened in Ferguson may not be unique, but it’s no longer endemic. It’s no longer sanctioned by law or by custom. And before the Civil Rights Movement, it most surely was.
We do a disservice to the cause of justice by intimating that bias and discrimination are immutable, that racial division is inherent to America. If you think nothing’s changed in the past 50 years, ask somebody who lived through the Selma or Chicago or Los Angeles of the 1950s. Ask the female CEO who once might have been assigned to the secretarial pool if nothing’s changed. Ask your gay friend if it’s easier to be out and proud in America now than it was thirty years ago. To deny this progress, this hard-won progress -– our progress –- would be to rob us of our own agency, our own capacity, our responsibility to do what we can to make America better.
Of course, a more common mistake is to suggest that Ferguson is an isolated incident; that racism is banished; that the work that drew men and women to Selma is now complete, and that whatever racial tensions remain are a consequence of those seeking to play the “race card” for their own purposes. We don’t need the Ferguson report to know that’s not true. We just need to open our eyes, and our ears, and our hearts to know that this nation’s racial history still casts its long shadow upon us.
We know the march is not yet over. We know the race is not yet won. We know that reaching that blessed destination where we are judged, all of us, by the content of our character requires admitting as much, facing up to the truth. “We are capable of bearing a great burden,” James Baldwin once wrote, “once we discover that the burden is reality and arrive where reality is.”
There’s nothing America can’t handle if we actually look squarely at the problem. And this is work for all Americans, not just some. Not just whites. Not just blacks. If we want to honor the courage of those who marched that day, then all of us are called to possess their moral imagination. All of us will need to feel as they did the fierce urgency of now. All of us need to recognize as they did that change depends on our actions, on our attitudes, the things we teach our children. And if we make such an effort, no matter how hard it may sometimes seem, laws can be passed, and consciences can be stirred, and consensus can be built.
With such an effort, we can make sure our criminal justice system serves all and not just some. Together, we can raise the level of mutual trust that policing is built on –- the idea that police officers are members of the community they risk their lives to protect, and citizens in Ferguson and New York and Cleveland, they just want the same thing young people here marched for 50 years ago -– the protection of the law. Together, we can address unfair sentencing and overcrowded prisons, and the stunted circumstances that rob too many boys of the chance to become men, and rob the nation of too many men who could be good dads, and good workers, and good neighbors.
With effort, we can roll back poverty and the roadblocks to opportunity. Americans don’t accept a free ride for anybody, nor do we believe in equality of outcomes. But we do expect equal opportunity. And if we really mean it, if we’re not just giving lip service to it, but if we really mean it and are willing to sacrifice for it, then, yes, we can make sure every child gets an education suitable to this new century, one that expands imaginations and lifts sights and gives those children the skills they need. We can make sure every person willing to work has the dignity of a job, and a fair wage, and a real voice, and sturdier rungs on that ladder into the middle class.
And with effort, we can protect the foundation stone of our democracy for which so many marched across this bridge –- and that is the right to vote. Right now, in 2015, 50 years after Selma, there are laws across this country designed to make it harder for people to vote. As we speak, more of such laws are being proposed. Meanwhile, the Voting Rights Act, the culmination of so much blood, so much sweat and tears, the product of so much sacrifice in the face of wanton violence, the Voting Rights Act stands weakened, its future subject to political rancor.
How can that be? The Voting Rights Act was one of the crowning achievements of our democracy, the result of Republican and Democratic efforts. President Reagan signed its renewal when he was in office. President George W. Bush signed its renewal when he was in office. One hundred members of Congress have come here today to honor people who were willing to die for the right to protect it. If we want to honor this day, let that hundred go back to Washington and gather four hundred more, and together, pledge to make it their mission to restore that law this year. That’s how we honor those on this bridge.
Of course, our democracy is not the task of Congress alone, or the courts alone, or even the President alone. If every new voter-suppression law was struck down today, we would still have, here in America, one of the lowest voting rates among free peoples. Fifty years ago, registering to vote here in Selma and much of the South meant guessing the number of jellybeans in a jar, the number of bubbles on a bar of soap. It meant risking your dignity, and sometimes, your life.
What’s our excuse today for not voting? How do we so casually discard the right for which so many fought? How do we so fully give away our power, our voice, in shaping America’s future? Why are we pointing to somebody else when we could take the time just to go to the polling places? (Applause.) We give away our power.
Fellow marchers, so much has changed in 50 years. We have endured war and we’ve fashioned peace. We’ve seen technological wonders that touch every aspect of our lives. We take for granted conveniences that our parents could have scarcely imagined. But what has not changed is the imperative of citizenship; that willingness of a 26-year-old deacon, or a Unitarian minister, or a young mother of five to decide they loved this country so much that they’d risk everything to realize its promise.
That’s what it means to love America. That’s what it means to believe in America. That’s what it means when we say America is exceptional.
For we were born of change. We broke the old aristocracies, declaring ourselves entitled not by bloodline, but endowed by our Creator with certain inalienable rights. We secure our rights and responsibilities through a system of self-government, of and by and for the people. That’s why we argue and fight with so much passion and conviction -- because we know our efforts matter. We know America is what we make of it.
Look at our history. We are Lewis and Clark and Sacajawea, pioneers who braved the unfamiliar, followed by a stampede of farmers and miners, and entrepreneurs and hucksters. That’s our spirit. That’s who we are.
We are Sojourner Truth and Fannie Lou Hamer, women who could do as much as any man and then some. And we’re Susan B. Anthony, who shook the system until the law reflected that truth. That is our character.
We’re the immigrants who stowed away on ships to reach these shores, the huddled masses yearning to breathe free –- Holocaust survivors, Soviet defectors, the Lost Boys of Sudan. We’re the hopeful strivers who cross the Rio Grande because we want our kids to know a better life. That’s how we came to be.
We’re the slaves who built the White House and the economy of the South. We’re the ranch hands and cowboys who opened up the West, and countless laborers who laid rail, and raised skyscrapers, and organized for workers’ rights.
We’re the fresh-faced GIs who fought to liberate a continent. And we’re the Tuskeegee Airmen, and the Navajo code-talkers, and the Japanese Americans who fought for this country even as their own liberty had been denied.
We’re the firefighters who rushed into those buildings on 9/11, the volunteers who signed up to fight in Afghanistan and Iraq. We’re the gay Americans whose blood ran in the streets of San Francisco and New York, just as blood ran down this bridge.
We are storytellers, writers, poets, artists who abhor unfairness, and despise hypocrisy, and give voice to the voiceless, and tell truths that need to be told.
We’re the inventors of gospel and jazz and blues, bluegrass and country, and hip-hop and rock and roll, and our very own sound with all the sweet sorrow and reckless joy of freedom.
We are Jackie Robinson, enduring scorn and spiked cleats and pitches coming straight to his head, and stealing home in the World Series anyway.
We are the people Langston Hughes wrote of who “build our temples for tomorrow, strong as we know how.” We are the people Emerson wrote of, “who for truth and honor’s sake stand fast and suffer long;” who are “never tired, so long as we can see far enough.”
That’s what America is. Not stock photos or airbrushed history, or feeble attempts to define some of us as more American than others. We respect the past, but we don’t pine for the past. We don’t fear the future; we grab for it. America is not some fragile thing. We are large, in the words of Whitman, containing multitudes. We are boisterous and diverse and full of energy, perpetually young in spirit. That’s why someone like John Lewis at the ripe old age of 25 could lead a mighty march.
And that’s what the young people here today and listening all across the country must take away from this day. You are America. Unconstrained by habit and convention. Unencumbered by what is, because you’re ready to seize what ought to be.
For everywhere in this country, there are first steps to be taken, there’s new ground to cover, there are more bridges to be crossed. And it is you, the young and fearless at heart, the most diverse and educated generation in our history, who the nation is waiting to follow.
Because Selma shows us that America is not the project of any one person. Because the single-most powerful word in our democracy is the word “We.” “We The People.” “We Shall Overcome.” “Yes We Can.” That word is owned by no one. It belongs to everyone. Oh, what a glorious task we are given, to continually try to improve this great nation of ours.
Fifty years from Bloody Sunday, our march is not yet finished, but we’re getting closer. Two hundred and thirty-nine years after this nation’s founding our union is not yet perfect, but we are getting closer. Our job’s easier because somebody already got us through that first mile. Somebody already got us over that bridge. When it feels the road is too hard, when the torch we’ve been passed feels too heavy, we will remember these early travelers, and draw strength from their example, and hold firmly the words of the prophet Isaiah: “Those who hope in the Lord will renew their strength. They will soar on [the] wings like eagles. They will run and not grow weary. They will walk and not be faint.”
We honor those who walked so we could run. We must run so our children soar. And we will not grow weary. For we believe in the power of an awesome God, and we believe in this country’s sacred promise.
May He bless those warriors of justice no longer with us, and bless the United States of America. Thank you, everybody.
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