Even with the general release from liability written into the TOS, I do have to wonder what Kickstarter's roles in Ken Whitman's Kickstarter scams really is?
Kickstarter isn't the lawless wild west here, they do allegedly have some checks and balances and even report to do so sort of screening of projects, but how did Ken Whitman get over on them, and through Kickstarter, us?
"Can I run more than one project at once?
....We rarely permit running multiple projects at the same time, or launching a second project before fulfilling your first one."
So let me get this straight.....you rarely allow a second project to run before the 1st one is fulfilled, but you let Ken Whitman run an additional six before the 1st one (the seventh) fulfilled? Twice...twice(!) you let two Kickstarters run concurrently.
"Does Kickstarter review projects before launch?
....Yes we do........We will make sure the project is in line with our rules, and verify that it’s a project with a specific, finite goal — we do not investigate a creator’s ability to complete their project."
So if you have rules regarding multiple Kickstarters and you review projects for adherence to those rules, but you still allow multiple projects from one creator to violate those rules....how can you NOT be somewhat liable for these project failures? Isn't this textbook negligence? Last I checked negligence and willful misconduct specifically negates any Terms of Service indemnification.
Now I'm not a lawyer, but this sounds a lot like grounds for a class-action lawsuit......
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