In my reading of the terms-of-use, context dicates that the damages could be in excess of what is stated in Bullet 5 of the remedies paragraph, possibly as much as a full refund of the amount donated. Lack of a good-faith attempt to fulfill the written contract would put you in breach, and make you liable for damages to Kickstarter backers. ![]() ![]() In case you have forgotten the contractual elements of the terms-of-use, please review Sections 4, 17, and 18 of the terms-of-use document found at: As you say, it is been almost 2 years since the start of the Campaign. This is not about impatience, it is about a good-faith attempt to fulfill a written contract, the terms of which are stated in plain language in the Kickstarter "terms-of-use" document. To my recollection (please correct me if I am mistaken), none of the Kickstarter updates mentioned any substantive design changes, so you are responsible for the fulfilment of all stretch goals. ![]() To a large degree, certain required communications are the only means you have of providing non-financial remedies that would keep you from being in breach of contract. Sun Games: If you feel there are equivalent trade-offs you made in the features of Moonlighter, including any planned updates, I humbly request that you list them clearly with a timeline.
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