There doesn't need to be a "rule" stating something that just is. There's no rule that you agree to purchase fuel for your ship, and yet it's unavoidable. OMG call your lawyer they don't have it in the rules.
Like you said it's advertised to have PVP, so yes you agree to partake in it since there is and never was anything stating otherwise. You have 2 potential other modes to play in to avoid PVP, use them.
I'd also say that if the developers and the owner/creator of the game says Open is fair ground for any and all PVP = to a ruleset.
Say what you like. It is impossible to agree to something you know nothing about. And the simple fact is that nothing in the EULA or the menu says anything about 'agreeing' to PvP. No such agreement exists.
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