16.1. Force Majeure. Except for payment obligations,
if either party is prevented from performing or is unable to perform any
of its obligations under these Terms of Service due to causes beyond the
reasonable control of the party invoking this provision, including, but
not limited to, acts of God, acts of civil or military authorities,
riots or civil disobedience, wars, strikes or labor disputes (each a
“Force Majeure Event”), such party's performance shall be excused and
the time for performance shall be extended accordingly provided that the
party immediately takes all reasonably necessary steps to resume full
16.2. Severability. Should any of the provisions of these Terms of
Service be adjudged invalid or unenforceable by the rules and
regulations of Spain or a Spanish court, such provisions shall be deemed
separate from the remainder of these Terms of Service and not affect the
validity or enforceability of the remainder of these Terms of Service.
In that case, such provisions shall be changed and interpreted to
achieve the purposes of those provisions as much as possible within the
extent of relevant laws or judgment of the court.
16.3. Survival. Sections 9, 10, 11 and 14 shall survive termination or
expiration of these Terms of Service for any reason. All other rights
and obligations of the parties under these Terms of Service shall expire
upon termination of these Terms of Service, except that all payment
obligations accrued hereunder prior to termination or expiration shall
survive such termination.
16.4. Assignment. Neither party may assign, sublicense, delegate or
otherwise transfer any of its rights or obligations under these Terms of
Service without the prior written consent of the other party.
Notwithstanding the foregoing, either party may, without the consent of
the other party, assign these Terms of Service to an entity merging
with, consolidating with, or purchasing substantially all its assets or
stock, provided that the assignee shall assume in writing all rights and
obligations under these Terms of Service.
16.5. Notices. All notices and other communications hereunder shall be
in writing and shall be deemed to have been duly given when delivered in
person (including by internationally recognized commercial delivery
service), and on the day the notice is sent when sent by verified
facsimile, if the time of transmission is during the recipient's
business day, or if not on the next business day thereafter, in each
case to the respective parties at the addresses provided by them in
Either party may change its address by providing the other party with
written notice of the change in accordance with this section.
16.6. Relationship of Parties. The parties are independent contractors
and will have no right to assume or create any obligation or
responsibility on behalf of the other party. Neither party shall hold
itself out as an agent of the other party. These Terms of Service will
not be construed to create or imply any partnership, agency, joint
venture or formal business entity of any kind.
16.7. Waiver. No delay or failure by either party to exercise any right
or remedy under these Terms of Service will constitute a waiver of such
right or remedy. All waivers must be in writing and signed by an
authorized representative of the party waiving its rights. A waiver by
any party of any breach or covenant shall not be construed as a waiver
of any succeeding breach of any other covenant.
16.8. Entire Terms of Service. These Terms of Service constitute the
entire Terms of Service between the parties and supersede all previous
Terms of Service, oral or written, with respect to the subject matter of
these Terms of Service. The information and documents provided by
Publisher(s) and Advertiser(s) to THECACTUSROAD, as requested by the
order to enter these Terms of Service, shall be also considered as part
of these Terms of Service. These Terms of Service may not be amended
without the written consent of the parties.
16.9. Headings. The headings of the articles and paragraphs contained in
these Terms of Service are inserted for convenience and are not intended
to be part of, or to affect, the interpretation of these Terms of
16.10. Construction. The parties acknowledge and agree that these Terms
of Service have been jointly prepared and their provisions will not be
construed more strictly against either party as a result of its
participation in such preparation.
16.11. Counterparts. These Terms of Service may be executed in
counterparts, which taken together shall form one legal
16.12. No Third Party Beneficiaries. These Terms of Service shall be
binding and inure solely to the benefit of the parties hereto and their
permitted assigns and nothing herein, express or implied, is intended
to, or shall confer upon, any other person any legal or equitable right,
benefit or remedy of any nature whatsoever under or by reason of these
Terms of Service.
16.13. Amendments. These Terms of Service may not be amended or modified
except by an instrument in writing signed by, or on behalf of,
Publisher(s) and/or Advertiser(s).