Notice how Kickstarter dances around this particular issue for as long as they exist. In some Interview the even said that they don't really want to handle the accountability problem because they hope they never have to. Apparently Kickstarter owners think nobody will cheat the system.
This is nothing more than a donation with a "hope" attached you that you "may" get what you "donated" for. If you know this then all is fine. But it is not a pre-order and it is not a sale. It is also not an Investment. Nobody controls where the money goes. And really, how would Kickstarter control this short of doing Milestone targets, payout plans, accounting control and so on? And you can bet that they'll never do that. Because then THEY would become accountable for failures.