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.
In order to pacify the predominantly poorer Jewish quarter in the Vilnius Old Town and force the rest of the more affluent Jewish residents into the new German-envisioned ghetto, the Nazis staged – as a pretext – the so-called Great Provocation incident on 31 August 1941, led by SS Einsatzkommando 9 Oberscharführer Horst Schweinberger under orders from Gebietskommissar of the Vilnius municipality Hans Christian Hingst and Franz Murer,[9] Hingst's deputy for Jewish affairs under “provisional directives” of Reichskommissar Hinrich Lohse.
Murer, Hingst, and Vilnius mayor Karolis Dabulevičius selected the site for the future ghetto and staged a distant sniping at German soldiers in front of a cinema, from a window on the corner of Stiklių (Glezer, meaning Szklana in Polish) and Didžioji (Wielka, Great Street in Polish, hence the name for the event) streets, by two Lithuanians in civilian clothes who had broken into an apartment belonging to Jews. The Lithuanians fled the apartment, then returned with awaiting German soldiers, captured two Jews, accused them of firing on the German soldiers, beat them and then shot them on the spot. Stiklių and Mėsinių (Jatkowa) streets were ransacked by the local militia, and Jews were beaten up. At night, in “retaliation,” all Jews were driven out of the neighborhood the Nazis had selected as the future ghetto territory, street by street, and the next day the women and children on remaining streets were seized while the men were at work. Men at workplaces were also seized. Jews were taken to Lukiškės Prison, then to Paneriai, also known as Ponary (or Ponar), where they were murdered between 1 September and 3 September. 5,000 to 10,000 people were murdered,[10] including ten members of the Judenrat. The objective was to clear an area for the establishment of a ghetto to imprison all the Jews of Vilnius and its suburbs.[9]
The area designated for the ghetto was the old Jewish quarter in the center of the city. While Vilna never had a ghetto per se except for some very limited restrictions on the movement and settlement of Jews during the Middle Ages, the area chosen by the Nazis for their ghetto was predominantly and historically inhabited by Jews. The Nazis split the area into two Jewish quarters (Large Ghetto and Small Ghetto),[11] with a non-ghetto corridor running down Deutschegasse (Niemiecka or Vokiečių) Street.
On 6–7 September 1941, the Nazis herded the remaining 20,000 Jews into the two ghettos by evicting them from their homes, during which 3,700 were killed. Converts, "half-Jews" and spouses of Jews were also forced into the ghetto. The move to the ghetto was extremely hurried and difficult, and Jews were not allowed to use transportation, being able to take only what they were physically able to carry.
The first Aktion was called the Gelb Schein (yellow pass) Aktion as the Germans delivered 3,000 passes to workers and their families and let 12,000 people on the ghetto. Between 25 and 27 October 1941, 3,781 people who did not have this pass were killed in Ponary.[12]
The two-ghetto arrangement made it easier for the Nazis to control what the victims knew of their fate beforehand, facilitating the Nazis' goal of total extermination. A 2 ghetto model was also used in Warsaw. Like the other Jewish ghettos Nazi Germany set up during World War II, the Vilnius Ghetto was created both to dehumanize the people and to exploit its inmates as slave labor. Conditions were intended to be extremely poor and crowded, subjecting inhabitants to unsanitary conditions, disease and daily death.
Jewish Vilna was known for its distinguished medical tradition, which inmates of the ghetto managed to maintain to some degree during the Holocaust.[13] As with most ghettos established by the Germans, a sign was put right outside in front stating: "Achtung! Seuchengefahr" ("Attention! Danger of Infection"). Mortality rates did, indeed, increase in the Vilna Ghetto as compared with before the war. However, due largely to the efforts of the ghetto's Health Department, the Vilna Ghetto had no major epidemics despite malnourishment, cold, and overcrowding.[14] According to Dr. Lazar Epstein, head of Sanitary-Epidemiological Section of the ghetto's Health Department, the inmates of the ghetto, left to their own devices, could have lived a very long time, certainly to the end of the war, despite the numerous privations.[14]
The Vilna Ghetto was called "Yerushalayim of the Ghettos" because it was known for its intellectual and cultural spirit. Before the war, Vilnius had been known as "Yerushalayim d'Lita"[15] (Yiddish: Jerusalem of Lithuania) for the same reason. The center of cultural life in the ghetto was the Mefitze Haskole Library, which was called the "House of Culture". It contained a library of 45,000 volumes,[16] reading hall, archive, statistical bureau, room for scientific work, museum, book kiosk, post office, and sports ground. Groups, such as the Literary and Artistic Union and the Brit Ivrit Union, organized events commemorating Yiddish and Hebrew authors and put on plays in these languages. The popular Yiddish magazine Folksgezunt was continued in the ghetto and its essays were presented in public lectures. Yitskhok Rudashevski (1927–1943), a young teen who wrote a diary of his life in the ghetto during 1941 to 1943, mentions a number of these events and his participation in them. He was murdered in the liquidation of 1943, probably at Paneriai. His diary was discovered in 1944 by his cousin.
The Vilna Ghetto was well known for its theatrical productions during World War II.[17] Jacob Gens, the head of Jewish police and the ruler of the Vilna Ghetto, was given the responsibility for the starting of this theatre.[17] Performances included poetry by Jewish Authors, dramatizations of short stories, and new work by the young people of the ghetto.[17]
The Ghetto Theatre was a great source of revenue and had a calming effect on the public. A total of 111 performances had been given by January 10, 1943, with a total of 34,804 tickets sold. The theatre was renovated to accommodate a larger audience and be better-looking to public eye.[17] The theatre permitted the non-Aryan race to display their power through plays and songs; for instance, one of the songs that was sung was called "Endurance."[17]
The last theatrical production, Der Mabl (The Flood), was produced by the Swedish dramatist Henning Berger and opened in the summer of 1943, in the last week of the Ghetto's existence.[17] The play, set in an American saloon during a flood, featured a group of people who banded together during a time of danger and need.[17]
Joshua Sobol's play Ghetto recounts the last days of the Vilna Ghetto theatre company.[18]
Abba Kovner (center, standing) with FPO members
The Fareynikte Partizaner Organizatsye (FPO), or United Partisan Organization, was formed on 21 January 1942 in the ghetto. It took for its motto "We will not go like sheep to the slaughter," proposed by Abba Kovner.[19] This was one of the first resistance organizations established in a Nazi ghetto. Unlike in other ghettos, the resistance movement in the Vilna Ghetto was not run by ghetto officials. Jacob Gens, appointed head of the ghetto by the Nazis but originally chief of police, ostensibly cooperated with German officials in stopping armed struggle. The FPO represented the full spectrum of political persuasions and parties in Jewish life. It was led by Yitzhak Wittenberg, Josef Glazman, and Abba Kovner. The purposes of the FPO were to establish a means for the self-defence of the ghetto population, to sabotage German industrial and military activities, and to support the broader struggle of partisans and Red Army operatives against German forces. Poet Hirsh Glick, a ghetto inmate who later died after being deported to Estonia, penned the words for what became the famous Partisan Hymn, Zog nit keyn mol.
Reichskommissariat Ostland ghettos (marked with red-and-gold stars)
In early 1943, the Germans caught a member of the Communist underground, who, under torture, revealed some contacts; the Judenrat, in response to German threats, tried to turn Wittenberg, head of the FPO, over to the Gestapo. The Fareynikte Partizaner Organizatsye organized an uprising and was able to rescue him after he was seized in the apartment of Jacob Gens in a fight with Jewish ghetto police.[20] Gens brought in heavies, the leaders of the work brigades, and effectively turned the majority of the population against the resistance members, claiming they were provoking the Germans and asking rhetorically whether it was worth sacrificing tens of thousands for the sake of one man. Ghetto prisoners assembled and demanded the FPO give Wittenberg up. Ultimately, Wittenberg himself made the decision to submit to Nazi demands. He was taken to Gestapo headquarters in Vilnius and was reportedly found dead in his cell the next morning. Most people believed he had committed suicide. The rumour was that Gens had slipped him a cyanide pill in their final meeting.
The FPO was demoralized by this chain of events and began to pursue a policy of sending young people out to the forest to join other Jewish partisans. This was controversial as well because the Germans applied a policy of "collective responsibility" under which all family members of anyone who had joined the partisans were executed. In the Vilna Ghetto, a "family" often included a non-relation who registered as a member of the family in order to receive housing and a pitiful food ration.
When the Germans came to liquidate the ghetto in September 1943, members of the FPO went on alert. Gens took control of the liquidation in order to keep the Nazi forces out of the ghetto and away from a partisan ambush, but helped fill the quota of Jews with those who could fight but were not necessarily part of the resistance. The FPO fled to the forest and fought with the partisans.
From the establishment of the ghetto until January 1942, task groups of German and Lithuanian Einsatzgruppen regularly carried out the surprise operations called Aktionen, often on Jewish holidays. The ghetto residents were rounded up and deported, usually for subsequent executions. In the Aktion on Yom Kippur of 1 October 1941, the Germans ordered the Judenrat to lead the arrests leading to the death of 1,983 people;[10] residents found by the Jewish police lacking work permits were arrested and transferred to German custody. The same month the Germans liquidated the Small Ghetto, where they had relocated "unproductive" individuals (i.e., who were old, ill, or otherwise considered unfit for labour); most of the prisoners were taken to Ponary and shot. About 20,000 Jews, including 8,000 without papers, remained in the Large Ghetto.[21] The period between January 1942 and March 1943 was known as the time of ghetto "stabilization"; the Aktionen ceased and some semblance of normal life resumed. The quiet period continued until 6 August, when the Germans commenced the deportation of 7,130 Jews to Estonia on the order of Heinrich Himmler; this was finished on 5 September. Following an order of Rudolf Neugebauer, the head of the Vilnius Gestapo,[22] the ghetto was liquidated on 23–24 September 1943 [23] under the command of Oberscharführer Bruno Kittel. The majority of the remaining residents were sent to the Vaivara concentration camp in Estonia,[24] killed in the forest of Paneriai, or sent to the death camps in German-occupied Poland.
A small group of Jews remained in Vilna after the liquidation of the Ghetto, primarily at the Kailis and HKP 562 forced labour camps.[23] Inmates of HKP 562 repaired automobiles for the German Army; the camp was commanded by the Wehrmacht Major Karl Plagge who, with the cooperation of his officers and men, was able to shield the Jewish auto-workers from much of the abuse slave laborers were ordinarily subjected to. When the Red Army approached Vilna and the SS came to take over the camp, Plagge gave his workers a covert warning; some workers escaped, others hid in hiding places they had prepared with Plagge's knowledge, from which they subsequently escaped.[25] Two-hundred and fifty Jews at HKP 562 survived the war. They represent the single largest group of Jewish survivors of the Holocaust in Vilnius.
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