i received a response from support:
Hi,
I’m sorry to hear that this has not been a better experience for you and other backers of this project.
Our Community Support and Trust & Safety teams monitor Kickstarter's system and review reports received from backers when reward fulfillment does not go as expected. We take these instances seriously and, if there is sufficient evidence of abuse against our system or trust of others, we revoke or suspend account privileges. This includes the ability to run another campaign on Kickstarter until rewards have been fulfilled or an update has been posted for backers — which we have done in this case.
Ultimately, however, creators are responsible for their own behavior — from communication to fulfillment and refunds — and while we can and do enforce our terms of use, we can’t force anyone to complete their project idea or even issue a refund. In light of this, it is up to each creator to determine whether, when, and how they offer refunds. It is worth keeping in mind that if the creator is in the middle of the production process, it's possible that the funds have already gone towards producing or shipping rewards and that a refund may not be possible at this time.
We will continue to monitor the situation with this project and its creator. I hope this matter is resolved soon for you.
Best,
Ivan
Kickstarter Support Team
tl;dr agashi cannot run another kickstarter until she fulfills her obligations to us, either in the form of the game or a refund (or apparently providing a status update). in terms of getting a refund, we are SOL unless agashi decides to provide that.