But here's the thing: He said he would immediately call off the launch if it failed again. He's kicking the ball down the road.
Can you link to the posts where the dev said he would refund: 1) immediately, 2) prior to another launch. I saw him promise a refund if the 2nd failed, but are you sure you're not extrapolating things he did say to more specific statements that he did not?
Short of logging into email, here's an even better solution, his own words of refunding if the 2nd launch of 03 mar failed:
https://bitcointalk.org/index.php?topic=469887.msg5471566#msg5471566(immediately) is not there. He did state in email to that nature however, and of 1st launch fail I might add. I've been nice in keeping quiet.
Other IPOs have expressed similar issue.
The bigger problem is, as soon as he got BTC from us (even before launch day), he stopped responding to us/questions.