Quote:
Originally Posted by Roseangelo
Kickstarter and Amazon have your payment info, not Jay. Yeah, he probably has access to the shipping info, but that's a big meh. And if you are familiar with how Kickstarter works, the fact that he hasn't and probably won't deliver a product isn't grounds for a lawsuit.
The situation sucks, but there really isn't anything that can be done about it.
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I'm no lawyer, but 99% sure this is flat out wrong
The only reason legal action is impossible atm is because he's vanished and hasn't been located yet.
when you take on investors to fund X, you are legally obligated to follow through with the agreement, if it fails then-
A. you must provide sufficient evidence that you actually tried to do what you claimed
B. not give false or misleading information
C. make every reasonable effort to hold up your end of the deal
D. be transparent about the details of the operation, where in the process you are, where issues occur, what caused the failure, etc
If you don't do these things then there ARE grounds for legal action and you will be required to prove these in court to defend yourself. KS project owners have to adhere to legal liability as it's a business agreement, funds are obtained specifically for that purpose, and there was no signing of liability release by backers.
The hardest part is that this was an internet project and as such those negatively affected are scattered across the country (globe?) and will either have to go to his town or have proper representation (i think) which could get tricky
From kickstarter's terms of use:
"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."
source:
https://www.kickstarter.com/terms-of-use (Last lines of section 4)