Comment Re:Kickstarter's Problem (Score 2) 215
I think it is realistic when they forgot a stack of backers and sent the rest of product to retail.
I think it is realistic when they forgot a stack of backers and sent the rest of product to retail.
I think of it more like patronage.
That's why I reached out to them for clarification and they responded with "Thanks for writing in. Unfortunately I'm unable to comment further on our terms, as it is a standalone documentation of our policies." It's pretty clear they want you the backer to think that refund means full monetary refund when you glance over the TOS but when push comes to shove ehhhhh we'll just let that be whatever the creator wants it to be.
There's no ambiguity on who the contract is with. The TOS states the contract is between you and the creator.
In my specific situation I simply want clarification on what kickstarter intended when they wrote "refund any Backer whose reward they do not or cannot fulfill." Did they mean money, did they mean kittens? A response of thats a standalone document is not helpful however.
Can you email me at r3f32+5g4qx90yi1mzc@sharklasers.com
Given that I am filing a claim in small claims court I am not comfortable publicly stating the name of this company, though you could probably put 2 and 2 together to find them.
In my case I was trying to prepare documentation to go to small claims court. The creator has stated they don't believe they are required to give a full monetary refund. I interpret the kickstarter TOS as full monetary refund. I mean this is not a failed project, this is the creator saying we forgot to mail some pledges, the rights to the game are now in the hands of another company, but we will give you some money back as a gesture of good will. I've backed a couple projects that failed, I haven't even given them a second thought but this specific situation really ginds my gears. Given that the ToS says refund (that I interpret to be full monitory refund but it doesn't specifically state that) I reached out to kickstarter for clarification on what the spirit of the ToS regarding refunds was. Did kickstarter intend it to mean full monetary refund, I mean you know lawyers they can twist anything into anything so the more wordy the better.
I completely understand the terms state the agreement between the creator and the backer. However in this case the creator offered a partial refund so I reached out to kickstarter asking for clarification on "refund any Backer whose reward they do not or cannot fulfill." This creator stated they would not be fulfilling some backer rewards as they already sent the product to retail and it was now in the hands of another company. I wanted kickstarter to give some clarification as to they intended refund to mean full monetary reward, other product, etc.. Their response was pretty indicative that they want people to think there's some recourse with KS but really they just want to sit back and collect their 8%
All I was asking was clarification on "refund any Backer whose reward they do not or cannot fulfill." I had a creator that had stated on the record they would not be fulfilling backer rewards as they already sent the product to retail and it was now in the hands of another company. I reached out to kickstarter for clarification as to if reward meant full monetary reward, other product, etc.. Their response was pretty indicative that they want people to think there's some recourse but really they just want to sit back and collect their 8%
Well after the influx of money the scope of the project spiraled out of control. I think the Double Fine situation is indicative of how having your budget increased 10 fold doesn't negate the need for a quality project manager.
What kickstarter says and their actions are two different things. I'm having an issue where a company (a somwhat large board game company using kickstarter for preorderes) has not delivered the promised rewards or a refund. I reached out to kickstarter for clarification on these specific terms. After some back and forth where kickstarter kept dodging my questions they finally stated
Kickstarter Support (Kickstarter)
Aug 20 10:37
Alexander,
Thanks for writing in. Unfortunately I'm unable to comment further on our terms, as it is a standalone documentation of our policies.
Regards,
Alfie
I don't even know what that means. Short of it, kickstarter doesn't actually follow through with their terms and are unwilling to clarify any part of them.
My formatting! Why have you forsaken me Slashdot, I have Plain Old Text set. Can I blame this migration to newdot?
Nobody said computers were going to be polite.