No: this has nothing to do with terms of service, this is "what do people use the service for". If your mental model of Twitter is "a place to have group discussions, in public" (a common use case), I think you are pretty crazy, but it obviously has nothing to do with the terms of service. The EFF gave me that hat: they seemed to consider it
imperative that they did so; I did not for a second consider myself to be purchasing a hat.
I maintain that if Kickstarter is "pay money now for gifts later" then they are not in compliance with either Visa's terms of service (no delayed renumeration for payments, a policy explicitly there to avoid "I have money ten months ago, and am now angry"), as well as laws regarding collecting sales tax (which are quite clearly written in a way that keeps you from just claiming "oh yeah, this thing where people give me money and I give them products? trust me: that's not a purchase... don't tax me, bro").