But the T&C sets up the relationship between the people running the campaign and Kickstarter themselves. The project creators and the contributors still have a direct relationship with each other, irrespective of Kickstarter as an organization - the fact that Kickstarter's website is their medium of interaction doesn't necessarily make the Kickstarter organization a party to their agreement.
If the project creators promise to deliver a particular product to a contributor when certain conditions are met, and those conditions are subsequently met, wouldn't that constitute a contract? Sure, if the Kickstarter admins terminate the project before it's funded, then the conditions of the contract can never be met; but once they are met - i.e. once the project has reached its funding goal - then no action on the part of Kickstarter admins - who are not themselves a party to the contract - can invalidate the contract.
By way of analogy, if you and I arrive at an agreement via a conversation on HN, and PG comes along and decides for whatever reason to delete the thread containing our discussion, the agreement is still valid.
If the project creators promise to deliver a particular product to a contributor when certain conditions are met, and those conditions are subsequently met, wouldn't that constitute a contract? Sure, if the Kickstarter admins terminate the project before it's funded, then the conditions of the contract can never be met; but once they are met - i.e. once the project has reached its funding goal - then no action on the part of Kickstarter admins - who are not themselves a party to the contract - can invalidate the contract.
By way of analogy, if you and I arrive at an agreement via a conversation on HN, and PG comes along and decides for whatever reason to delete the thread containing our discussion, the agreement is still valid.