Is a contract between two third parties actionable?
<p>Kickstart claims "Kickstarter's Terms of Use require creators to fulfill all rewards of their project or refund any backer whose reward they do not or cannot fulfill."<a href="https://www.kickstarter.com/blog/accountability-on-kickstarter" rel="nofollow noreferrer">1</a></p>

<p>And it goes further threatening the creator with lawsuit from backers:
<a href="https://i.stack.imgur.com/DC5A8.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/DC5A8.png" alt="If your project is successfully funded, you are required to fulfill all rewards or refund any backer whose reward you do not or can not fulfill. A failure to do so could result in damage to your reputation or even legal action on behalf of your backers."></a></p>

<p>But since "Kickstarter's Terms of Use" is a contract between Kickstarter and a creator, how a backer can sue a creator who fails to deliver a promised functionality for a product?</p>

<h2>Because the contract is between the creator and the backer</h2>

<blockquote>
  <p>Kickstarter is not a part of this contract — the contract is a direct legal agreement between creators and their backers. Here are the terms that govern that agreement:</p>
</blockquote>

<p>Kickstarter has separate agreements with creators and backers but the creators and backers have their own contract.</p>

<blockquote>
  <p>how a backer can sue a creator who fails to deliver a promised functionality for a product?</p>
</blockquote>

<p>"<em>Legal action on behalf of your backers</em>" means that Kickstarter (not the backers) will sue the creator. It will do that after the backers complain — to honor its contract with them and/or as a goodwill gesture.</p>

contract-law