Megalazor: This whole "You don't pay for the game, you fund it!" is pretty much retarded. No sane person would invest in something without expecting a return. Except for some do-gooders. Charity excluded.
It's not like you'd buy stocks and say: "Nah, just keep the money".
keeveek: There is something like public promising (I don't know how it's translated correctly). If one of your rewards is access to alpha build of the game, they have to provide it
if something like that exists.
There are numerous examples when companies failed to finish the game / product and did not offer rewards and did not pay the money back.
The major difference between buying a game and pledging a kickstarter, is when you buy a game, the vendor has to deliver the product. With kickstarter, they are obliged to
do their reasonable best to provide you with a game, but they are not obliged to give you money back if they failed to do so and filed for bankruptcy.
So yes, you shouldn't give money on kickstarter, if you're thinking you're paying for a product. Of course Kickstarter ToS obliges them to give the money back, but they
can't enforce it in some occasions. For example, if one of the rewards was a soundtrack from a game that wasn't even made, it's obvious they will not deliver the soundtrack.
But even if they could enforce it (good luck doing so after they file for bankruptcy), they would be obliged only to give you money back for bonuses, not for the main product that wasn't finished despite their best efforts.
Under taking money from kickstarter, the devs are only obliged to work hard and try their best, not to deliver anything. If they fail to deliver without their responsibility, there's not much you can do. There was a thread of a guy who pledged over 1k dollars on various kickstarters and most of them failed to deliver what they promised.
Yes, you are right. If they fail do deliver and file for bankruptcy I won't get my money back. But that's not a unique trait to Kickstarter, that's how every company works, every investment. So legally and factually they are obliged to give me my money back or deliver what was promised. If they fail I'd make my claim against the bankruptcy assets.
You could as well say when a meteor hits the earth I won't get my money back. But that's a worst case scenario, not normal expected circumstances. Of course there is a certain risk, but that's not part of legal contract.