Kickstarter is VERY clear on the fact you are not investing in the companies you are paying for goods. In the case of the OR you were paying for a development kit that presumably everyone got. They had no stake or say in what happens to the company.
On "paper" sure. But it doesn't pass the hearts-and-minds test of what actually seems to be happening by people who are invested. Most website services and software agreements have a clickwrap that says some combination of "we're not liable, and you can't sue us." This neither stops lawsuits from being brought, or being won. And where laws differ, the agreements become irrelevant.
Eventually, Kickstarter may be the one who has to change their facts to match reality.