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Author Topic: Kickstarter TOS Updates  (Read 1322 times)

wraith808

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Kickstarter TOS Updates
« on: September 19, 2014, 12:45:11 PM »
kickstarter.png

Kickstarter had a recent update to the terms of service

Quote
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.

I understand that people are very protective of their money.  In a lot of cases, I think it's not money so much as a mindshare investment.  You can return pledges or offer to return them, and lack of fulfillment will still lead people to bad mouth the creator, the project, Kickstarter, and anything else they can say foul things about.

Adding these terms doesn't address the root issue, and in fact exacerbates it, IMO.

Kickstarter isn't a store.  And there's risks involved in backing people.

Assessment of these risks and awareness of possible risk scenarios- this is what needs to be made transparent and addressed.

These 'terms' just seems to exacerbate the appearance of a net... when there really is not one.

Thoughts?

app103

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Re: Kickstarter TOS Updates
« Reply #1 on: September 19, 2014, 06:23:54 PM »
There is a lot more risk involved in backing a project where the creator has no intention on doing anything to bring the project into reality, and merely posted the project to make mad amounts of cash to walk away with.

The intention of these rules seems to be for there to be no "time machine" or "personal compact size pocket nuclear reactor" projects for fools to fall for, to pad the pockets of scammers.

By being required to actually do some work, show what you did with the money, and take the project as far as you can go with it, as far as the money will allow, it is supposed to lessen the risk of backers falling for a con.

And to force creators to be a bit more realistic with project goals, not to make promises they are not sure they can keep. At the same time, they are trying to keep Kickstarter from becoming the place where creators bring their far fetched dreams. If the only thing standing between your project and completion is money, then it's a lot more realistic than lofty dreams that no matter how much cash is thrown at you, you'll never be able to make it a reality.

How they plan on enforcing these rules on scammers that will attempt to walk away with the money, any way, I have no idea. I seriously doubt the threat of a lawsuit is going to scare scammers, since they aren't even afraid of a threat of jail time for their criminal activities.  :tellme:

Stephen66515

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Re: Kickstarter TOS Updates
« Reply #2 on: September 19, 2014, 09:20:34 PM »
I wonder if this is going to get rid of all the shit off KickStarter like "I will make a potato salad"?