I'm not a lawyer, but I think specific language in the TOS would be given more weight than any incorporated policy from the website. And (of course) ultimately, some actual court cases will be more valuable than any speculation.
I also wouldn't give money to a Kickstarter project if I thought I cared enough about the money that I would end up chasing it in court (that is, none of this is a practical concern for me personally).
I also wouldn't give money to a Kickstarter project if I thought I cared enough about the money that I would end up chasing it in court (that is, none of this is a practical concern for me personally).