I backed in Jul 2013.
Anyone have a link to the old TOS?
What MAX said is not correct. The TOS change is just one argument that can be used. Another arguments that can be used includes the deceptive advertising that CIG used and that convinced you to pledge and remaining supporting them for a long time.
For example, the idea that they promised to deliver the full game
on or
before the estimated delivery date. They didn't respect that and shown no respect for that. It was a choice that they made. They were not obligated to take longer and their public statements are very clear to prove this. That letter of CR for example, when he went back from making the MOCAP for Squadron 42, clearly is a proof that they chosen, instead been a requirement having to take longer. A Business decisions contradicting the deal with the consumer.
You can also claim about the polls, which should be considered illegal, because decided the fate of the project. You did not sign to be part of a club. It's an individual deal between you and the company. Besides, you were probably mislead by the company, as many who voted yes for more stretch goals, to believe that more money would mean a game fully released faster.
All these deceptive claims are against the law, and you can obviously, to point them the FTC page regarding deceptive claims to show how they failed with their legal obligations, in other words, morally they were dishonest and disrespected you... legally, they broke the law:
https://www.ftc.gov/tips-advice/business-center/guidance/advertising-marketing-internet-rules-road
"The Federal Trade Commission Act allows the FTC to act in the interest of all consumers to prevent deceptive and unfair acts or practices. In interpreting Section 5 of the Act, the Commission has determined that a representation, omission or practice is deceptive if it is likely to: mislead consumers and
affect consumers' behavior or decisions about the product or service."
Under these basis - because its the law and they disrespected (and it does not matter when you pledged, because you always will find deceptive claims repeatedly that would mislead you to pledge, even in recent occasions, because they simply refuse to assume their legal responsibility in the name of easy money) - they have no exit but give you the refund.
And after you sent them an email with such statements they can't do not answer or answering deny, if you know that I mean. Because that would let them without any defense in any court, or with any press repercution.
And as far as I learned, CIG won't challenge you to go to a court. The own public statement of Roberts was that he did not want to fight with people, remember? It was publicized in an article to make he and CIG sound honest, reliable. So, denying refunds even when you show to understand your rights as a consumer and demonstrate that they screwed with their legal responsibilities, would be a suicide for them of bad repercutions, specially with those media who reported the statements of Roberts.
And thanks to show another proof of the bad faith attitude of CIG in public. That is brave and that is recommended by FTC itself. So, you shouldn't be afraid and who attack you for that just will reveal to be a blind fanboy without credibility. And that settles any discussion that people loves to claim that there was no proof of their bad faith. There is no case. No wrong doing.
Of course there is.
