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AdyCarter

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  1. It says "...legal action on behalf of your backers."

    Does this refer to KS taking legal actions?

    My understanding is that legal action would be taken on "behalf of your backers" by whichever lawyer was hired (by the backers(s))to take legal action on the backers behalf.

    There have been some reasonably high profile Kickstarter failures that generated more interest than this ever would and I'm pretty certain KS didn't sue anyone.

  2. creator-responsibility.png

    1. Is a creator legally obligated to fulfill the promises of their project?

      Yes. Kickstarter's Terms of Use require creators to fulfill all rewards of their project or refund any backer whose reward they do not or cannot fulfill. (This is what creators see before they launch.) We crafted these terms to create a legal requirement for creators to follow through on their projects, and to give backers a recourse if they don't. We hope that backers will consider using this provision only in cases where they feel that a creator has not made a good faith effort to complete the project and fulfill.

    2. Can Kickstarter refund the money if a project is unable to fulfill?

      No. Kickstarter doesn't issue refunds as transactions are between backers and creators directly. Creators receive all funds (less fees) soon after their campaign ends. Creators have the ability to refund backers through Amazon Payments (for US projects) and Kickstarter (for non-US projects).

    You're going to have to go either direct to Digger or down the legal route. Kickstarter themselves won't mediate in a dispute. The difficulty you will have is proving that he IS NOT going to deliver, he can simply state that they will come (eventually) and you can't touch him.

    As a veteran of the ShockerWars I can safely say that a small amount of people spamming his twitter and facebook will probably achieve nothing, he'll simply block you. Hate to be the king of the negative zone but you're verging on the point of either having to forget about it and wait it out or launching costly and probably pointless legal action.

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