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Tharmiones
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Join Date: Nov 2012
Posts: 56

Old June 27th, 2017, 11:45 AM
Quote:
Originally Posted by ErinRigh View Post

However, backing on KS does not ENTITLE you to ANYTHING!
I've read this sooo often and people keep repeating it over and over again and yet it is still WRONG.

https://www.kickstarter.com/terms-of-use
Quote:
How Projects Work

Most of our Terms of Use explain your relationship with Kickstarter. This section is different — it explains the relationship between creators and backers of Kickstarter projects, and who’s responsible for what. This is what you’re agreeing to when you create or back a Kickstarter project.
Kickstarter provides a funding platform for creative projects. When a creator posts a project on Kickstarter, they’re inviting other people to form a contract with them. Anyone who backs a project is accepting the creator’s offer, and forming that contract.

Kickstarter is not a part of this contract — the contract is a direct legal agreement between creators and their backers. Here are the terms that govern that agreement:

When a project is successfully funded, the creator must complete the project and fulfill each reward. Once a creator has done so, they’ve satisfied their obligation to their backers.

Throughout the process, creators owe their backers a high standard of effort, honest communication, and a dedication to bringing the project to life. At the same time, backers must understand that when they back a project, they’re helping to create something new — not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents the creator from being able to finish the project as promised.

If a creator is unable to complete their project and fulfill rewards, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for backers. A creator in this position has only remedied the situation and met their obligations to backers if:

they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned;
they work diligently and in good faith to bring the project to the best possible conclusion in a timeframe that’s communicated to backers;
they’re able to demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the project as promised;
they’ve been honest, and have made no material misrepresentations in their communication to backers; and
they offer to return any remaining funds to backers who have not received their reward (in proportion to the amounts pledged), or else explain how those funds will be used to complete the project in some alternate form.
The creator is solely responsible for fulfilling the promises made in their project.
If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by backers.
So it is quite obvious that I as a back do have the right to request that they do fulfill their part of the contract, which is at foremost that they do deliver the product they offered and as well but not limited to: Honest communication!
That's what LWD has agreed on by doing the KS in the first place.

Yes I do have to accept delays or changes in content or planned behavior BUT I think we KS people have done a good job in keeping our part of the contract by waiting for something four long years AFTER the planned delivery date and accepting that priorities within the project have changed, certain features have been delayed and so on. We have been very true to our part because we are STILL here and not taking legal actions. At least speaking for myself I've never even thought about that anyway.

So what we are asking for is just that LWD does hold true to their part of the agreement as well which DOES actually include "regular, insightful, and honest updates".
https://www.kickstarter.com/help/handbook/updates


So please stop spreading false information that we are not entitled to anything.
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