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.
[1] At the first conference on religion and race, the main participants were Pharaoh and Moses. Moses’ words were: “Thus says the Lord, the God of Israel, let My people go that they may celebrate a feast to Me.” While Pharaoh retorted: “Who is the Lord, that I should heed this voice and let Israel go? I do not know the Lord, and moreover I will not let Israel go.”
[2] The outcome of that summit meeting has not come to an end. Pharaoh is not ready to capitulate. The exodus began, but is far from having been completed. In fact, it was easier for the children of Israel to cross the Red Sea than for a Negro to cross certain university campuses.
[3] Let us dodge no issues. Let us yield no inch to bigotry, let us make no compromise with callousness.
[4] In the words of William Lloyd Garrison, “I will be as harsh as truth, and as uncompromising as justice. On this subject [slavery] I do not wish to think, to speak, or to write with moderation. I am in earnest–I will not equivocate -I will not excuse–I will not retreat a single inch–and I will be heard.”
[5] Religion and race. How can the two be uttered together? To act in the spirit of religion is to unite what lies apart, to remember that humanity as a whole is God’s beloved child. To act in the spirit of race is to sunder, to slash, to dismember the flesh of living humanity. Is this the way to honor a father: to torture his child? How can we hear the word “race” and feel no self reproach?
[6] Race as a normative legal or political concept is capable of expanding to formidable dimensions. A mere thought, it extends to become a way of thinking, a highway of insolence, as well as a standard of values, overriding truth, justice, beauty. As a standard of values and behavior, race operates as a comprehensive doctrine, as racism. And racism is worse than idolatry. Racism is satanism, unmitigated evil.
[7] Few of us seem to realize how insidious, how radical, how universal an evil racism is. Few of us realize that racism is man’s gravest threat to man, the maximum of hatred for a minimum of reason, the maximum of cruelty for a minimum of thinking.
[8] Perhaps this Conference should have been called “Religion or Race.” You cannot worship God and at the same time look at man as if he were a horse.
[9] Shortly before he died, Moses spoke to his people. “I call heaven and earth to witness against you this day: I have put before you life and death, blessing and curse. Choose life” (Deuteronomy 30:19). The aim of this conference is first of all to state clearly the stark alternative. I call heaven and earth to witness against you this day: I have set before you religion and race, life and death, blessing and curse. Choose life.
[10] “Race prejudice, a universal human ailment, is the most recalcitrant aspect of the evil in man” (Reinhold Niebuhr), a treacherous denial of the existence of God.
[11] What is an idol? Any god who is mine but not yours, any god concerned with me but not with you, is an idol.
[12] Faith in God is not simply an afterlife insurance policy. Racial or religious bigotry must be recognized for what it is: satanism, blasphemy.
[13] In several ways man is set apart from all beings created in six days. The Bible does not say, God created the plant or the animal; it says, God created different kinds of plants, different kinds of animals (Genesis 1: 11 12, 21-25). In striking contrast, it does not say, God created different kinds of man, men of different colors and races; it proclaims, God created one single man. From one single man all men are descended.
[14] To think of man in terms of white, black, or yellow is more than an error. It is an eye disease, a cancer of the soul.
[15] The redeeming quality of man lies in his ability to sense his kinship with all men. Yet there is a deadly poison that inflames the eye, making us see the generality of race but not the uniqueness of the human face. Pigmentation is what counts. The Negro is a stranger to many souls. There are people in our country whose moral sensitivity suffers a blackout when confronted with the black man’s predicament.
[16] How many disasters do we have to go through in order to realize that all of humanity has a stake in the liberty of one person; whenever one person is offended, we are all hurt. What begins as inequality of some inevitably ends as inequality of all.
[17] In referring to the Negro in this paper we must, of course, always keep equally in mind the plight of all individuals belonging to a racial, religious, ethnic, or cultural minority.
[18] This Conference should dedicate itself not only to the problem of the Negro but also to the problem of the white man, not only to the plight of the colored but also to the situation of the white people, to the cure of a disease affecting the spiritual substance and condition of every one of us. What we need is an NAAAP, a National Association for the Advancement of All People. Prayer and prejudice cannot dwell in the same heart. Worship without compassion is worse than self deception; it is an abomination.
[19] Thus the problem is not only how to do justice to the colored people, it is also how to stop the profanation of God’s name by dishonoring the Negro’s name.
[20] One hundred years ago the emancipation was proclaimed. It is time for the white man to strive for self emancipation, to set himself free of bigotry, to stop being a slave to wholesale contempt, a passive recipient of slander.
II
[21] “Again I saw all the oppressions that are practiced under the sun. And behold, the tears of the oppressed, and they had no one to comfort them!” (Ecclesiastes 4:1)
[22] There is a form of oppression which is more painful and more scathing than physical injury or economic privation. It is public humiliation. What afflicts my conscience is that my face, whose skin happens not to be dark, instead of radiating the likeness of God, has come to be taken as an image of haughty assumption and overbearance. Whether justified or not, I, the white man, have become in the eyes of others a symbol of arrogance and pretension, giving offense to other human beings, hurting their pride, even without intending it. My very presence inflicting insult!
[23] My heart is sick when I think of the anguish and the sighs, of the quiet tears shed in the nights in the overcrowded dwellings in the slums of our great cities, of the pangs of despair, of the cup of humiliation that is running over.
[24] The crime of murder is tangible and punishable by law. The sin of insult is imponderable, invisible. When blood is shed, human eyes see red; when a heart is crushed, it is only God who shares the pain.
[25] In the Hebrew language one word denotes both crimes. “Bloodshed,” in Hebrew, is the word that denotes both murder and humiliation. The law demands: one should rather be killed than commit murder. Piety demands: one should rather commit suicide than offend a person publicly. It is better, the Talmud insists, to throw oneself alive into a burning furnace than to humiliate a human being publicly.
[26] He who commits a major sin may repent and be forgiven. But he who offends a person publicly will have no share in the life to come.
[27] It is not within the power of God to forgive the sins committed toward men. We must first ask for forgiveness of those whom our society has wronged before asking for the forgiveness of God.
[28] Daily we patronize institutions which are visible manifestations of arrogance toward those whose skin differs from ours. Daily we cooperate with people who are guilty of active discrimination.
[29] How long will I continue to be tolerant of, even a participant in, acts of embarrassing and humiliating human beings, in restaurants, hotels, buses, or parks, employment agencies, public schools and universities? One ought rather be shamed than put others to shame.
[30] Our rabbis taught: “Those who are insulted but do not insult, hear themselves reviled without answering, act through love and rejoice in suffering, of them Scripture says: ‘They who love the Lord are as the sun when rising in full splendor’ (Judges 5:31).”
[31] Let us cease to be apologetic, cautious, timid. Racial tension and strife is both sin and punishment. The Negro’s plight, the blighted areas in the large cities, are they not the fruit of our sins?
[32] By negligence and silence we have all become accessory before the God of mercy to the injustice committed against the Negroes by men of our nation. Our derelictions are many. We have failed to demand, to insist, to challenge, to chastise.
[33] In the words of Thomas Jefferson, “I tremble for my country when I reflect that God is just.”
III
[34] There are several ways of dealing with our bad conscience. (1) We can extenuate our responsibility; (2) we can keep the Negro out of our sight; (3) we can alleviate our qualms by pointing to the progress made; (4) we can delegate the responsibility to the courts; (5) we can silence our conscience by cultivating indifference; (6) we can dedicate our minds to issues of a far more sublime nature.
[35] (1) Modern thought has a tendency to extenuate personal responsibility. Understanding the complexity of human nature, the interrelationship of individual and society, of consciousness and the subconscious, we find it difficult to isolate the deed from the circumstances in which it was done. Our enthusiasm is easily stunned by realizing the ramifications and complexity of the problem we face and the enormous obstacles we encounter in trying to implement the philosophy affirmed in the 13th and 14th Amendments as well as in the 1954 decision of the Supreme Court. Yet this general tendency, for all its important correctives and insights, has often had the effect of obscuring our essential vision, aiding our conscience to grow scales: excuses, pretense, self pity. The sense of guilt may disappear; no crime is absolute, no sin devoid of apology. Within the limits of the human mind, relativity may be true and merciful. Yet the mind’s scope embraces but a fragment of society, a few instants of history; it thinks of what has happened, it is unable to imagine what might have happened. The qualms of my conscience are easily cured–even while the agony for which I am accountable continues unabated.
[36] (2) Another way of dealing with a bad conscience is to keep the Negro out of sight.
[37] The Word proclaims: Love thy neighbor! So we make it impossible for him to be a neighbor.Let a Negro move into our neighborhood and madness overtakes the residents. To quote an editorial in the Christian Century of Dec. 26, 1962:
The ghettoization of the Negro in American society is increasing. Three million Negroes -roughly one sixth of the nation’s Negro population- are now congested in five of the greatest metropolitan centers of the north. The alienation of the Negro from the mainstream of American life proceeds apace. The Negro is discovering to his sorrow that the mobility which he gained in the Emancipation Proclamation and the 13th and 14th Amendments to the Constitution nearly a hundred years ago merely enables him to move from one ghetto to another. A partial apartheid -economic, social, political and religious- continues to be enforced by the white people of the U.S. They use various pressures–some open, some covert–to keep the Negro isolated from the nation’s social, cultural and religious community, the result being black islands surrounded by a vast white sea. Such enclaves in American society not only destroy the cohesiveness of the nation but also offend the Negro’s dignity and restrict his opportunity. These segregated islands are also an embarrassment to white people who want an open society but are trapped by a system they despise. Restricted housing is the chief offender. So long as the racially exclusive patterns of suburban America continue, the Negro will remain an exile in his own land.
[38] (3) To some Americans the situation of the Negro, for all its stains and spots, seems fair and trim. So many revolutionary changes have taken place in the field of civil rights, so many deeds of charity are being done; so much decency radiates day and night. Our standards are modest; our sense of injustice tolerable, timid; our moral indignation impermanent; yet human violence is interminable, unbearable, permanent. The conscience builds its confines, is subject to fatigue, longs for comfort. Yet those who are hurt, and He who inhabits eternity, neither slumber nor sleep.
[39] (4) Most of us are content to delegate the problem to the courts, as if justice were a matter for professionals or specialists. But to do justice is what God demands of every man: it is the supreme commandment, and one that cannot be fulfilled vicariously.
[40] Righteousness must dwell not only in the places where justice is judicially administered. There are many ways of evading the law and escaping the arm of justice. Only a few acts of violence are brought to the attention of the courts. As a rule, those who know how to exploit are endowed with the skill to justify their acts, while those who are easily exploited possess no skill in pleading their own cause. Those who neither exploit nor are exploited are ready to fight when their own interests are harmed; they will not be involved when not personally affected. Who shall plead for the helpless? Who shall prevent the epidemic of injustice that no court of justice is capable of stopping?
[41] In a sense, the calling of the prophet may be described as that of an advocate or champion, speaking for those who are too weak to plead their own cause. Indeed, the major activity of the prophets was interference, remonstrating about wrongs inflicted on other people, meddling in affairs which were seemingly neither their concern nor their responsibility. A prudent man is he who minds his own business, staying away from questions which do not involve his own interests, particularly when not authorized to step in -and prophets were given no mandate by the widows and orphans to plead their cause. The prophet is a person who is not tolerant of wrongs done to others, who resents other people’s injuries. He even calls upon others to be the champions of the poor. It is to every member of the community, not alone to the judges, that Isaiah directs his plea:
Seek justice, relieve the oppressed,
Judge the fatherless, plead for the widow.
Isaiah 1:17
[42] (5) There is an evil which most of us condone and are even guilty of: indifference to evil. We remain neutral, impartial, and not easily moved by the wrongs done unto other people. Indifference to evil is more insidious than evil itself; it is more universal, more contagious, more dangerous. A silent justification, it makes possible an evil erupting as an exception becoming the rule and being in turn accepted.
[43] The prophets’ great contribution to humanity was the discovery of the evil of indifference. One may be decent and sinister, pious and sinful.
[44] The prophet is a person who suffers the harms done to others. Wherever a crime is committed, it is as if the prophet were the victim and the prey. The prophet’s angry words cry. The wrath of God is a lamentation. All prophecy is one great exclamation: God is not indifferent to evil! He is always concerned, He is personally affected by what man does to man. He is a God of pathos.
[45] (6) In condemning the clergymen who joined Dr. Martin Luther King, Jr., in protesting against local statutes and practices which denied constitutional liberties to groups of citizens on account of race, a white preacher declared: “The job of the minister is to lead the souls of men to God, not to bring about confusion by getting tangled up in transitory social problems.”
[46] In contrast to this definition, the prophets passionately proclaim that God himself is concerned with “the transitory social problems,” with the blights of society, with the affairs of the market place.
[47] What is the essence of being a prophet? A prophet is a person who holds God and men in one thought at one time, at all times. Our tragedy begins with the segregation of God, with the bifurcation of the secular and sacred. We worry more about the purity of dogma than about the integrity of love. We think of God in the past tenseand refuse to realize that God is always present and never, never past; that God may be more intimately present in slums than in mansions, with those who are smarting under the abuse of the callous.
[48] There are, of course, many among us whose record in dealing with the Negroes and other minority groups is unspotted. However, an honest estimation of the moral state of our society will disclose: Some are guilty, but all are responsible. If we admit that the individual is in some measure conditioned or affected by the public climate of opinion, an individual’s crime discloses society’s corruption. In a community not indifferent to suffering, uncompromisingly impatient with cruelty and falsehood, racial discrimination would be infrequent rather than common.
IV
[49] That equality is a good thing, a fine goal, may be generally accepted. What is lacking is a sense of the monstrosity of inequality. Seen from the perspective of prophetic faith, the predicament of justice is the predicament of God.
[50] Of course, more and more people are becoming aware of the Negro problem, but they fail to grasp its being a personal problem. People are increasingly fearful of social tension and disturbance. However, so long as our society is more concerned to prevent racial strife than to prevent humiliation, the cause of strife, its moral status will be depressing, indeed.
[51] The history of interracial relations is a nightmare. Equality of all men, a platitude to some minds, remains a scandal to many hearts. Inequality is the ideal setting for the abuse of power, a perfect justification for man’s cruelty to man. Equality is an obstacle to callousness, setting a limit to power. Indeed, the history of mankind may be described as the history of the tension between power and equality.
[52] Equality is an interpersonal relationship, involving both a claim and a recognition. My claim to equality has its logical basis in the recognition of my fellow men’s identical claim. Do I not forfeit my own rights by denying to my fellow men the rights I claim for myself?
[53] It is not humanity that endows the sky with inalienable stars. It is not society that bestows upon every man his inalienable rights. Equality of all men is not due to man’s innocence or virtue. Equality of man is due to God’s love and commitment to all men.
[54] The ultimate worth of man is due neither to his virtue nor to his faith. It is due to God’s virtue, to God’s faith. Wherever you see a trace of man, there is the presence of God. From the perspective of eternity our recognition of equality of all men seems as generous an act as the acknowledgment that stars and planets have a right to be.
[55] How can I withhold from others what does not belong to me?
[56] Equality as a religious commandment goes beyond the principle of equality before the law. Equality as a religious commandment means personal involvement, fellowship, mutual reverence and concern. It means my being hurt when a Negro is offended. It means that I am bereaved whenever a Negro is disfranchised:
[57] The shotgun blasts that have been fired at the house of James Meredith’s father in Kosciusko, Mississippi, make us cry for shame wherever we are.
[58] There is no insight more disclosing: God is One, and humanity is one. There is no possibility more frightening: God’s name may be desecrated.
[59] God is every man’s pedigree. He is either the Father of all men or of no man. The image of God is either in every man or in no man.
[60] From the point of view of moral philosophy it is our duty to have regard for every man. Yet such regard is contingent upon the moral merit of the particular man. From the point of view of religious philosophy it is our duty to have regard and compassion for every man regardless of his moral merit. God’s covenant is with all men, and we must never be oblivious of the equality of the divine dignity of all men. The image of God is in the criminal as well as in the saint. How can my regard for man be contingent upon his merit, if I know that in the eyes of God I myself may be without merit!
[61] You shall not make yourself a graven image or any likeness of God. The making and worshiping of images is considered an abomination, vehemently condemned in the Bible. The world and God are not of the same essence. There can be no man made symbols of God.
[62] And yet there is something in the world that the Bible does regard as a symbol of God. It is not a temple or a tree, it is not a statue or a star. The symbol of God is man, every man. How significant is the fact that the term tselem, which is frequently used in a damnatory sense for a man made image of God, as well as the term demuth, likeness of which Isaiah claims (40:18), no demuthcan be applied to God -are employed in denoting man as an image and likeness of God. Man, every man, must be treated with the honor due to a likeness representing the King of kings.
[63] There are many motivations by which prejudice is nourished, many reasons for despising the poor, for keeping the underprivileged in his place. However, the Bible insists that the interests of the poor have precedence over the interests of the rich. The prophets have a bias in favor of the poor.
[64] God seeks out him who is pursued (Ecclesiastes 3:15), even if the pursuer is righteous and the pursued is wicked, because man’s condition is God’s concern. To discriminate against man is to despise what God demands.
He who oppresses a poor man insults his Maker;
But he who is kind to the needy honors Him.
Proverbs 14:31; cf. 17:15
V
[65] The way we act, the way we fail to act is a disgrace which must not go on forever. This is not a white man’s world. This is not a colored man’s world. It is God’s world. No man has a place in this world who tries to keep another man in his place. It is time for the white man to repent. We have failed to use the avenues open to us to educate the hearts and minds of men, to identify ourselves with those who are underprivileged. But repentance is more than contrition and remose for sins, for harms done. Repentance means a new insight, a new spirit. It also means a course of action.
[66] Racism is an evil of tremendous power, but God’s will transcends all powers. Surrender to despair is surrender to evil. It is important to feel anxiety, it is sinful to wallow in despair.
[67] What we need is a total mobilization of heart, intelligence, and wealth for the purpose of love and justice. God is in search of man, waiting, hoping for man to do His will.
[68] The most practical thing is not to weep but to act and to have faith in God’s assistance and grace in our trying to do His will.
[69] This world, this society can be redeemed. God has a stake in our moral predicament. I cannot believe that God will be defeated.
[70] What we face is a human emergency. It will require much devotion, wisdom, and divine grace to eliminate that massive sense of inferiority, the creeping bitterness. It will require a high quality of imaginative sympathy, sustained cooperation both in thought and in action, by individuals as well as by institutions, to weed out memories of frustration, roots of resentment.
[71] We must act even when inclination and vested interests would militate against equality. Human self interest is often our Nemesis! It is the audacity of faith that redeems us. To have faith is to be ahead of one’s normal thoughts, to transcend confused motivations, to lift oneself by one’s bootstraps. Mere knowledge or belief is too feeble to be a cure of man’s hostility to man, of man’s tendency to fratricide. The only remedy is personal sacrifice: to abandon, to reject what seems dear and even plausible for the sake of the greater truth; to do more than one is ready to understand for the sake of God. Required is a breakthrough, a leap of action. It is the deed that will purify the heart. It is the deed that will sanctify the mind. The deed is the test, the trial, and the risk.
[72] The plight of the Negro must become our most important concern. Seen in the light of our religious tradition, the Negro problem is God’s gift to America, the test of our integrity, a magnificent spiritual opportunity.
[73] Humanity can thrive only when challenged, when called upon to answer new demands, to reach out for new heights. Imagine how smug, complacent, vapid, and foolish we would be, if we had to subsist on prosperity alone. It is for us to understand that religion is not sentimentality, that God is not a patron. Religion is a demand, God is a challenge, speaking to us in the language of human situations. His voice is in the dimension of history.
[74] The universe is done. The greater masterpiece still undone, still in the process of being created, is history. For accomplishing His grand design, God needs the help of man. Man is and has the instrument of God, which he may or may not use in consonance with the grand design. Life is clay, and righteousness the mold in which God wants history to be shaped. But human beings, instead of fashioning the clay, deform the shape. God needs mercy, righteousness; His needs cannot be satisfied in space, by sitting in pews, by visiting temples, but in history, in time. It is within the realm of history that man is charged with God’s mission.
[75] There are those who maintain that the situation is too grave for us to do much about it, that whatever we might do would be “too little and too late,” that the most practical thing we can do is “to weep” and to despair. If such a message is true, then God has spoken in vain.
[76] Such a message is four thousand years too late. It is good Babylonian theology. In the meantime, certain things have happened: Abraham, Moses, the Prophets, the Christian Gospel.
[77] History is not all darkness. It was good that Moses did not study theology under the teachers of that message; otherwise, I would still be in Egypt building pyramids. Abraham was all alone in a world of paganism; the difficulties he faced were hardly less grave than ours.
[78] The greatest heresy is despair, despair of men’s power for goodness, men’s power for love.
[79] It is not enough for us to exhort the Government. What we must do is to set an example, not merely to acknowledge the Negro but to welcome him, not grudgingly but joyously, to take delight in enabling him to enjoy what is due to him. We are all Pharaohs or slaves of Pharaohs. It is sad to be a slave of Pharaoh. It is horrible to be a Pharaoh.
[80] Daily we should take account and ask: What have I done today to alleviate the anguish, to mitigate the evil, to prevent humiliation?
[81] Let there be a grain of prophet in every man!
[82] Our concern must be expressed not symbolically, but literally; not only publicly, but also privately; not only occasionally, but regularly.
[83] What we need is the involvement of every one of us as individuals. What we need is restlessness, a constant awareness of the monstrosity of injustice.
[84] The concern for the dignity of the Negro must be an explicit tenet of our creeds. He who offends a Negro, whether as a landowner or employer, whether as waiter or salesgirl, is guilty of offending the majesty of God. No minister or layman has a right to question the principle that reverence for God is shown in reverence for man, that the fear we must feel lest we hurt or humiliate a human being must be as unconditional as fear of God. An act of violence is an act of desecration. To be arrogant toward man is to be blasphemous toward God.
[85] In the words of Pope John XXIII, when opening the Twenty first Ecumenical Council, “divine Providence is leading us to a new order of human relations.” History has made us all neighbors. The age of moral mediocrity and complacency has run out. This is a time for radical commitment, for radical action.
[86] Let us not forget the story of the sons of Jacob. Joseph, the dreamer of dreams, was sold into slavery by his own brothers. But at the end it was Joseph who rose to be the savior of those who had sold him into captivity.
[87] Mankind lies groaning, afflicted by fear, frustration, and despair. Perhaps it is the will of God that among the Josephs of the future there will be many who have once been slaves and whose skin is dark. The great spiritual resources of the Negroes, their capacity for joy, their quiet nobility, their attachment to the Bible, their power of worship and enthusiasm, may prove a blessing to all mankind.
[88] In the words of the prophet Amos (5:24):
Let justice roll down like waters,
and righteousness like a mighty stream.
[89] A mighty stream, expressive of the vehemence of a never ending, surging, fighting movement -as if obstacles had to be washed away for justice to be done. No rock is so hard that water cannot pierce it. “But the mountain falls and crumbles away, and the rock is removed from its place; the waters wear away the stones” (Job 14:18 f.). Justice is not a mere norm, but a fighting challenge, a restless drive.
[90] Righteousness as a mere tributary, feeding the immense stream of human interests, is easily exhausted and more easily abused. But righteousness is not a trickle; it is God’s power in the world, a torrent, an impetuous drive, full of grandeur and majesty. The surge is choked, the sweep is blocked. Yet the mighty stream will break all dikes.
[91] Justice, people seem to agree, is a principle, a norm, an ideal of the highest importance. We all insist that it ought to be -but it may not be. In the eyes of the prophets, justice is more than an idea or a norm: justice is charged with the omnipotence of God. What ought to be, shall be!
This text used with permission of Susannah Heschel. All Rights Reserved.
https://voicesofdemocracy.umd.edu/heschel-religion-and-race-speech-text/
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