Someone suggested this below. Maybe they should pivot (slightly, more like adding a new feature) and offer a Kickstarter-as-a-service SDK to products that would fall outside their liability-acceptance zone. That way they can still take their cut and offer a valuable service to folks who want to offer funding campaigns.

EDIT: For clarity, the idea is Kickstarter provides some sort of white-labelled page to show a counter and collect/skim funds. I have to imagine liability falls back to the originating company at that point.